
v^^ivil vjoverumeut 



e j 




OF 



Indian 



RAWLES 



HlNDSj'fOBLE 

& Eldredge 




Class. 
Book. 



Copyright^ . 



^3 



COPYRIGHT DEPOSrr. 



THE 



GOVERNMENT OF THE PEOPLE 



OF THE STATE OF 



INDIANA 



BY 

WILLIAM A. RAWLES, Ph. D. 

Junior Professor of Political Economy, Indiana University 
REVISED EDITION. 




NEW YORK AND PHILADELPHIA 
HINDS, NOBLE & ELDREDGE. 



LIBRARY of CONGRESS 
TwoCoDies Received 

APR 12 1906 

^rOopv right Entry 
CLASS ^C XXC. No. 
^ COPY B. 



X6^ 



Copyright, 1897, 
By ELDREDGE & BROTHER, 



Copyright, 1906, 
By HINDS, NOBLE & ELDREDGE, 




" Knowledge and learning generally diffused through- 
out a community being essential to the preservation of a free 
government, it shall be the duty of the General Assem- 
bly .... to provide .... a general and uniform sys- 
tem of common schools.'' This quotation is introduced 
here to show that the makers of the Constitution of the 
State appreciated the truth that the first purpose of 
public education is the preparation of the youth for the 
duties and responsibilities of intelligent citizenship. They 
offered no other reason for the provision for schools. Is 
it not reasonable to suppose that a very important part of 
this " knowledge and learning " is a thorough understand- 
ing of the governments — both National and local — under 
which we live ? It has seemed to the author that in the 
study of this subject the emphasis has been put too con- 
stantly upon the National Government and too little atten- 
tion has been given to the institutions of the State and 
to local administration. The well-being, security and com- 
fort of the citizen depend more intimately upon the man- 
agement of local and State affairs than upon the adminis- 
tration of the General Government. It is in the hope 
that it may be helpful to a realization of the importance 
of the State and local governments and to a clearer con- 
ception of the obligations which grow out of the civic 
relation, that this book has been prepared. 

It makes no pretension to be an abridgment of the 
statutes of Indiana nor a text-book on the history of the 
State. It is an attempt to give a concise outline of the 
governmental machinery and the forces by which it is 
operated. To convey a better idea of the origin and 



iv PEE FACE. 

growth of our institutions, an historical sketch of In- 
diana precedes the discussion proper. It has not been 
possible within the scope of the book to include all the 
details and variations of local government. Peculiarities 
in the government of township, town or city should 
be noted and the attention of pupils called to them. 
Concrete illustrations serve to simplify the complexi- 
ties of government. The Constitution is appended in 
the hope that it will be the object of careful study : 
with this idea in mind many of its provisions have not 
been incorporated into the text. A copy of some of the 
recent editions of the Revised Statutes should be in the 
possession of each school. When reference has been made 
to the Revised Statutes it is to Horner's Revision of 1896. 
A scrap-book in which may be preserved clippings giving 
the proceedings of primaries and conventions, sample 
ballots, official blanks, and accounts of historical events 
will be helpful in arousing the interest of pupils. 

It is desired to acknowledge the obligations due to 
many friends for favors, and especially to Mr. John W. 
Cravens, editor of the Bloomington World, for criticising 
the manuscript and offering timely suggestions as to the 
management of local affairs. 

Criticisms and suggestions that will help to make the 
book more serviceable will be heartily welcomed. 

WILLIAM A. RAWLES. 

I nth ana University, \ 

Bloomington, Indiana. > 




PAGE 

Introduction 7 

CHAP. 

I. Historical Sketch of Indiana . . 12 

II. The State Government 38 

III. County and Township Government 75 

IV. Municipal Government 102 

V. Party Organization and Elections 118 

VI. Public Education 128 

Constitution of the State 141 

Appendix 173 

Index 178 



ILLUSTKATIONS. 



»o>**;©<> PAGE 

William Henry Harrison 7 

George Kogers Clark 12 

Oliver Perry Morton 33 

Schuyler Colfax 34 

Thomas A. Hendricks 34 

Benjamin Harrison 38 

Capitol Building at Indianapolis 42 

Great Seal of the State of Indiana 54 

Maxwell Hall, Indiana University 137 

MAPS. 

oo^oo 

PAGE 

Indiana Territory, 1800 and 1802 24 

Indiana Territory, 1805, 1807, and 1816 26 

y 



" It will not be denied that the State government touches the 
citizen and his interests twenty times, ivhere the National gov- 
ernment touches him once." 

— James A. Garfield. 

"An American may, through a long life, never be reminded 
of the Federal government, except when he votes at presidential 
or congressional elections, lodges a complaint against the post- 
office, and opens his trunk for a custom-house officer on the pier 
at New York when he returns from a tour in Europe. His 
direct taxes are paid to officials acting under State laws. The 
State, or a local authority constituted by the State statutes, reg- 
isters his birth, appoints his guardian, pays for his schooling, 
gives him a share in the estate of his father deceased, marries 
him, divorces him, entertains civil action against him, declares 
him a bankrupt, hangs him for murder. The police that 
guard his house, the local boards which look after the poor, 
control highways, impose water rates, manage schools — all 
these derive their legal powers from the State alone." 

— Bryce's American Commonwealth. 




William Henky Harrison. 



THE 

CIVIL GOVERNMENT 



OF 



INDIANA. 

INTRODUCTION. 

1. The State. — " As applied to an American Common- 
wealth the word State signifies a political community of 
free citizens, occupying a territory of defined boundaries, 
organized under a government sanctioned and limited by 
a written constitution, and established by the consent of 
the people. Each State or Commonwealth maintains a 

7 



8 THE CIVIL GOVERNMENT OF INDIANA. 

republican form of government, which is guaranteed by 
the United States." 

Hence, when we speak of the State of Indiana, we may 
mean one of four things : (1) That portion of the earth's 
surface contained within defined boundaries ; (2) the peo- 
ple living within that territory bound together by a com- 
mon interest and organized for their protection and com- 
mon welfare ; (3) the body of rules or laws which regulate 
the people in their relations one with another and which 
restrain their officers; (4) the government, that is, the 
persons selected to make the laws and to enforce them. 
In its fullest sense, the State signifies all of these things ; 
the land, the people, the laws and the government. 

2. The Land. — In these days, a community of people in 
order to constitute a State must have a permanent abode — a 
definite territory, within which, it and it alone, 1 exercises 
authority, and beyond which its laws are of no effect. 

The character, extent, situation, and development of the 
land determine the occupation of its citizens. And these 
occupations in turn determine, largely, the necessity for 
laws, the nature of these laws, and the number and duties 
of officers. Since the discovery of natural gas in Indiana 
there has been enacted a body of laws regulating its use 
and distribution. Similar laws are found in few other 
States. On the other hand, we have no need of laws 
which are necessary to the peculiar conditions found in 
the vast State of Texas, the manufacturing States of the 
East or the sea-coast States of California and Louisiana. 

3. The People. — The habits, beliefs and political ideas 
of the people, adapted so as to fit the physical conditions 
of a new country, will mould the constitution, laws and 
institutions. Indiana's system of government, more than 



1 For some purposes the National Government has authority within 
a State, which is superior to any power which that State may possess. 
(See Thorpe's Government of the United States, page 91.) 



INTRODUCTION. 9 

that of any other State north of the Ohio River, resembles 
the systems of the southern States. This is because the 
early settlement of the State was chiefly by people from 
the South. Michigan, in its political institutions, resem- 
bles the New England States for a similar reason. Then, 
too, the spirit and temper of the laws may change as the 
ideas of the people enlarge, as the sentiment changes, as 
industries develop, as immigration modifies the character 
of the people of the State. Thus the thoughts, feelings 
and conceptions of the people are reflected in their con- 
stitution and laws. 

4. The Laws. — There are two kinds of law-making: 
the one, by the people directly ; the other, by persons 
chosen to represent the people and to act for them. In 
the first place a set of men, selected by the people, meets 
in a convention and prepares a system of laws and 
maxims in the form of a written document. This docu- 
ment is submitted to the people for their approval or dis- 
approval. If it be ratified by a majority of the legal 
voters, it is thereby enacted into law. It is then the Con- 
stitution, the fundamental law of the State. It describes 
the framework of the government, defines the powers and 
duties of the officers and declares the rights of the people. 
It can be changed only by the act of the people, in the 
manner provided in the Constitution itself. No officer or 
set of officers can change it and all acts or orders contrary 
to it are absolutely void. 

But direct legislation by the people on all matters would 
be clearly impossible. This difficulty is avoided by pro- 
visions in the Constitution, giving authority to the repre- 
sentatives of the people to enact laws, subject, however, to 
certain limitations therein prescribed. These laws are 
called statutes. The statutes must always be in conform- 
ity with the Constitution. The representatives may change 
statutes, but they cannot change the Constitution. Whether 
the laws are made directly or indirectly, the people are 



10 THE CIVIL GOVERNMENT OF INDIANA. 

responsible for the good or evil flowing from them and for 
their enforcement. 

The Constitution and statutes of Indiana must not con- 
flict with the Constitution, treaties and laws of the United 
States. If there is a conflict the former must give way 
before the higher authority of the United States. 

5. The Government. — The government is the instru- 
ment by which the State expresses and enforces its will. 
The people by means of the ballot select the men who are 
to represent them in the making of laws, those who are to 
interpret the laws and those who are to carry the laws into 
execution. This body of officials constitutes the Govern- 
ment. As private citizens these men may not be superior, 
in fact, may even be inferior, to the average citizen ; but 
in their official capacity they stand in the place of the 
State and should command the respect and obedience 
which all citizens owe to the State. Officers must be 
made to suffer for conduct which dishonors the dignity or 
majesty of the State. Hence, provision is always made 
that they may be removed from office or otherwise pun- 
ished for official misconduct. 

6. Importance of State and Local Governments. — It 
is true that some of the national questions are vital and 
momentous, fraught with the greatest consequences to the 
welfare of the individual and of the Nation. But where 
there is one such national question, there are twenty within 
the scope of State authority ; questions, too, that touch 
our life and happiness to the very quick. We are de- 
pendent upon the State for our civil and religious rights ; 
for the right of suffrage ; for the means of education ; for 
the rules of marriage and the definition of the legal rela- 
tions of husband and wife, and of parent and child ; for 
laws regulating contracts, agency, partnership, debts, in- 
surance, almost all corporations, the ownership and distri- 
bution of property and the exercise of trades ; and for the 
definition of crimes and the punishment thereof (except 



INTRODUCTION. 11 

crimes against the laws of the United States and those 
committed on the high seas, or against the law of nations). 
" To enumerate the particulars of this vast range of powers, 
to detail its parts, would be to catalogue all social and 
business relationships, to examine all the foundations of 
law and order." 

Efficiency and honesty in the local government, in the 
school district, the township, the county, and the city 
contribute more than the National Government, to the well- 
being and happiness of the home, the family and the 
daily life of the citizen. When it is realized that, in 
Indiana, the expenditure in county governments exceeds 
$8,000,000 annually and that the indebtedness of towns, 
cities and counties aggregates more than $14,000,000/ the 
importance of good local government can be appreciated. 
Governor Wright continually urged upon the people that 
it was more important to select good county commissioners 
than good Congressmen. Moreover it is only through an 
active participation in local government that a citizen is 
prepared to discharge intelligently his duties in the gov- 
ernment of the Nation, which seems more picturesque 
and momentous. 

1 Exceeding the State indebtedness by $7,000,000. 



/*" 




Col. George Rogers Clark. 



CHAPTER I. 



HISTORICAL SKETCH OF INDIANA. 



*oXKo 



I. French Exploration and Settlement. 

7. The First Explorers.— Before 1670, the French had 
passed up the Great Lakes and had established on their 
shores trading posts and missions. It is possible, though 
the evidence is slight, that the Maumee had been explored 
as early as 1656. It is pretty definitely established that 
during the winter of 1669-70, La Salle passed down the 
Ohio River as far as Louisville. Joliet and Marquette 
explored the Mississippi River in 1673. And it was in 
an effort to again reach that river that Indiana soil was 
traversed by La Salle in 1679. In that year, he with a 
few followers established Fort Miamis on the St. Joseph 
of Lake Michigan and in December pushed up the river 
to the place now occupied by South Bend, crossed by a 
12 



HISTORICAL SKETCH OF INDIANA. 13 

portage of four or five miles to the headwaters of the 
Kankakee, and proceeded down the Illinois. During the 
next few years he crossed and recrossed Indiana soil in 
his perilous journeys to and from Canada and in his visits 
to the various Indian tribes. 

8. Early Settlements. — In 1695, a French settlement 
was made at Kaskaskia, one at Cahokia in 1700, and 
another at Detroit in 1701. Juchereau, an officer from 
Montreal, established a fort on the Ohio — erroneously 
called the Ouabache 1 — near the site of Cairo, in 1702; 
but it was abandoned within three years. In 1712, Louis 
XIV. granted to Antoine Crozat, a wealthy officer in his 
service, the commerce of the Mississippi Valley from the 
Gulf to the Illinois River, together with the Missouri and 
Ouabache. For its government, Louisiana was dependent 
upon the province of New France. In 1717, Bienville was 
appointed governor of Louisiana and all of the Illinois 
country was made a part of the province. The capital 
was at Mobile. 

In 1723, the Territory of Louisiana was made dependent 
directly upon the home government, with the capital at 
New Orleans. Although Indiana was subordinate to the 
Louisiana Province, the French officials at Detroit claimed 
and actually exercised jurisdiction over the Indian tribes 
living on the upper Wabash. 

Early in the eighteenth century the French determined 
to establish posts at advantageous points. Frangois Mor- 
gan, Sieur de Vincennes, was sent by the governor of 
Canada to establish a post near the village of the Ouiata- 
non tribe of the Miamis. This was about 1720 and 
may be regarded as the earliest post within Indiana. It 
was on the north side of the Wabash, about four miles 
below the present city of Lafayette. Vincennes, a few 

1 Even as late as 1747, a map published in London by Thomas 
Kitchin represented the Ouabache flowing into the Mississippi. 

B 



14 THE CIVIL GOVERNMENT OF INDIANA. 

years later (1727), 1 established a post on the Ouabache 
at the Piankeshaw village of Chippecoke, the .present site 
of Vincennes. This was the first permanent settlement 
of white men in Indiana. With the exception of Fort 
Miamis on the Maumee, no further settlements were made 
in Indiana for many years. 

For administrative purposes, Indiana was divided some- 
what indefinitely between the provinces of Louisiana and 
Canada : Vincennes was in the Illinois district of Louisiana, 
and was governed from New Orleans through Fort Chartres, 
Illinois ; Ouiatanon and Fort Miamis were governed from 
Quebec through Detroit. This line of separation was 
later fixed in the vicinity of Terre Haute. 

9. The Character of the French Settlers. — There was 
a marked difference between the character of the French 
colonists of the Mississippi Valley and that of the English 
on the Atlantic coast. The latter settled in permanent 
families, cultivated the soil, engaged in trade and indus- 
tries in fixed communities. The Englishman was jealous 
of his political rights and insisted upon a large degree of 
self-government. The French pioneers were chiefly of 
three classes : the Catholic missionaries, the soldiers and 
the fur-traders. Their life did not permit of permanent 
homes. Even when an effort was made to till the soil, it was 
done in a rude way. The Frenchman, too, was indifferent 
as to his political rights, submitting to most arbitrary rules 
and exactions. But the French, in their treatment of the 
Indians, excelled the English in sagacity. The courage, 
devotion, and self-sacrifice of the missionaries have scarcely 
been equalled in history. They united many tribes in 
friendship to the French. The wily fur-traders and the 
soldiers also were skilful in the arts of conciliation. The 

1 Just when the post at Vincennes was established is a matter of con- 
troversy. The years 1680, 1702, 1716, 1727, and 1735, have been given 
by different historians as the proper date of its establishment, but that 
of 1727 seems to be supported by the most reliable evidence. 



HISTORICAL SKETCH OF INDIANA. 15 

voyageurs were, peculiarly, a product of the conditions and 
circumstances of the new world. 

The English bluntness and arrogance constantly irritated 
the Indians. But the practical Briton was gradually 
drawing to himself their traffic by offering better bar- 
gains. The English never assumed to occupy or dispose 
of their lands without having first purchased them of the 
natives. On the other hand, the French and the Spanish 
claimed not only the sovereignty over the land, but also 
absolute ownership of the soil. 1 

10. Rival Claimants for the Mississippi Valley. — The 
inevitable contest for possession of the Mississippi Valley 
culminated in the French and Indian War. 

The English based their claims upon four things : 1. The 
voyages of the Cabots (1497, 1498), whose patents reserved 
to the Crown dominion over such lands as they discovered ; 
2. Royal charters from 1609 to 1665, which granted terri- 
tory extending from ocean to ocean ; 3. Treaties with the 
Iroquois and the Miamis ; 4. The explorations of British 
traders in the valleys of the Ohio, Tennessee, and Cum- 
berland Rivers. 

The French rested their title upon the following grounds : 
1. Verrazano's voyage (1524) along the coast from the 
mouth of the Savannah to Newfoundland; 2. The dis- 
covery and exploration of the St. Lawrence River by Car- 
tier (1534, 1535-1540) ; 3. The discovery and exploration 
of the Ohio River by La Salle ; 4. The exploration of the 
Mississippi River by Joliet and Marquette in 1673, Henne- 
pin in 1680, and La Salle in 1682, and the early occupa- 
tion by actual settlement along its banks and tributaries ; 
5. The treaty of Ryswick (1697), which gave them juris- 
diction over the entire basins of rivers the mouths of which 
had been occupied by the French; 6. A denial that the 

1 An exception to this custom is found in the case of the French set- 
tlers about Vincennes. They based their claims upon the Indian 
cessions. 



16 THE CIVIL GOVERNMENT OF INDIANA. 

Iroquois ever acknowledged their subjection to the English. 
The contest was to be decided not by the justice of the 
claims, but by the force of arms. 

11. Results of the French and Indian War. — In 1759, 
Quebec, the bulwark of the province of Canada, fell ; in the 
following year Montreal capitulated, and the French gov- 
ernor, Marquis de Vaudreuil, surrendered all Canada to 
the English. In this same year, Detroit surrendered 
without resistance, and in the spring of 1761, Ouiatanon 
was occupied. Vincennes was not taken at this time, 
being a part of the Louisiana province and " not included 
in the capitulation " of Quebec. But by the Treaty of 
Paris (1763), France surrendered to England all her vast 
possessions east of the Mississippi River except a small 
area in Louisiana. 

Undoubtedly, the claims of France were the more sub- 
stantial, and it is equally beyond doubt that the world has 
gained immeasurably by the transference of this immense 
area from a nation having Gallic customs and polity to one 
having English laws, traditions and institutions. Mr. 
Fiske has said, " The triumph of Wolfe marks the great- 
est turning-point yet discoverable in modern history." 

II. English Occupation. 

12. The Last Posts Surrendered. — Though the formal 
conveyance of this territory occurred on February 10, 1763, 
actual occupation was delayed several years because of the 
enmity of the Indians. The natives believed the English 
would dispossess them of their lands. Under the masterly 
and efficient leadership of Pontiac was formed a con- 
spiracy to make a final effort to drive out the English. 
The plot was well-nigh successful. Detroit barely escaped 
capture and was the only fort held by the English west 
of Pittsburg. No attempt to seize Vincennes was made, 
as the French still had possession here. The vigorous 
policy of the English, the refusal of the French generals 



HISTORICAL SKETCH OF INDIANA. 17 

and French governor of Louisiana to lend him aid, and 
the desertion of some of his allies, convinced the great 
chieftain of the folly of continuing the struggle. At 
Ouiatanon, in the spring of 1765, Pontiac declared his 
willingness to make peace. This declaration was carried 
out, with the usual ceremonies, at Detroit soon after. 

On the tenth day of October, 1765, Captain Sterling 
formally took possession of Fort Chartres in the name 
of the English. This was the most important post west 
of Detroit. But it was not till May 19, 1777, that an 
officer, bearing a royal commission to take possession, ap- 
peared at Vincennes. 

13. Proclamations of British Officers. — (I.) Upon the 
occupation of Fort Chartres, Captain Sterling issued the 
proclamation of General Gage, the Commander-in-Chief 
of British forces in America. It was very liberal in its 
tone. It granted to the French inhabitants " the liberty 
of the Catholic religion," and the choice of selling their 
estates and retiring, or of remaining and enjoying the 
same rights, privileges and security as other subjects. 
They were only required to take the oath of fidelity and 
allegiance. 

(II.) The happy carelessness of the French on the 
Wabash was interrupted in 1772 by the announcement of 
a later proclamation by General Gage. He ordered all 
settlers along the river to quit that country instantly and 
retire to other colonies. The leading citizens protested 
against these arbitrary commands and the British ministry 
disavowed the policy of Gage. The motive of such an 
unjust order is to be found in an examination of the land 
policy of Great Britain after 1763. 

14. The Western Land Policy of Great Britain. — Be- 
fore the French title to the Northwest Territory was extin- 
guished, the British government had insisted that the Sea 
w r as the western limit of the colonies, and had encouraged 
settlements west of the mountains. But w r hen English 

2— Ind 



18 THE CIVIL GOVERNMENT OF INDIANA. 

possession was assured by treaty, her policy changed. 
It is evident from reports of the period that Great Britain 
was jealous of the strength and progress of her colonies. 
To be debarred from this broad rich territory, to see it 
remain a wilderness, was extremely mortifying to the 
colonists who had spent blood and money in its conquest. 
In spite of royal proclamations, official threats, and mili- 
tary expulsions, hardy pioneers penetrated the new ter- 
ritory. 1 

The narrow designs of the home government culminated 
in the Quebec Act of 1774. By this act, Parliament 
extended the limits of Quebec to the Ohio and Mississippi 
Rivers on the south and west, restored French law and 
institutions, abolished trial by jury in civil cases, guaran- 
teed the Catholic clergy their extensive property rights, 
and assured the people the free exercise of their religion. 
The object of this legislation was to win the good will 
of the French habitants in case of trouble with the colonies. 

III. Virginia Occupation. 

15. Virginia's Conquest of the Northwest. — The 
French settlers in the northwest were not reconciled to 
the English occupation, in spite of the conciliatory Quebec 
Act. The inherited enmity of five centuries could not 
readily be transformed into loyal attachment. But the 
friendship of the Indians was transferred from the French 
to the English. In the first year of the Revolution, In- 
dian bands were supplied with arms and incited to fall 
upon the unprotected settlements west of the Alleghanies. 
Oftentimes the pioneers were themselves culpable for offer- 
ing provocation to the Indians. 

Colonel George Rogers Clark proposed to Patrick Henry, 
governor of Virginia, to strike at the heart of the Indian 
difficulties by capturing the English forts. The Governor 

1 "It has been estimated that from 1765 to 1768, some 30,000 whites 
settled bevond the mountains." 



HISTORICAL SKETCH OF INDIANA. 19 

and Council approved the plan, for they saw, also, that 
success would give them a diplomatic advantage in the 
peace negotiations. With difficulty, Clark raised a small 
force of men, surprised the garrison at Kaskaskia, and 
possessed the place without opposition (July 5, 1778). 
He soon despatched a delegation of French to Vin- 
cennes. Lieutenant-Governor Abbot and the garrison 
were absent at Detroit. When matters had been explained 
to the French settlers there, they at once took the oath of 
allegiance, garrisoned the town, and hoisted the American 
flag. But the British recaptured Vincennes, December 
15, 1778. The intrepid Clark was not dismayed by this 
threatened destruction, though cut off from aid, with short 
supplies and with but a small force of one hundred and 
seventy men. With unfailing spirits and incomparable 
courage, his men undertook in the midst of winter, a march 
of one hundred and sixty miles across inundated plains 
and swampy prairies. At last they arrived before Vin- 
cennes. The tact and boldness of Clark did not fail him 
here, and on February 25, 1779, Governor Hamilton sur- 
rendered. No other single exploit in Northwestern history 
is comparable with this in daring, in perils overcome, in 
hardships endured, and in momentous consequences. For 
when the battles of the Revolution had been fought and 
when our commissioners were engaged in the diplomatic 
contest, the strongest argument they could make for the 
Northwest Territory was that of conquest and actual pos- 
session. The great debt the United States owes to Clark's 
energy, courage, and strategy has been tardily recognized 
by the American people. 

16. Illinois County Created. — In October, 1778, the 
Legislature of Virginia passed an ordinance for the gov- 
ernment of the conquered territory. It provided that the 
citizens of the commonwealth of Virginia, settled on the 
western side of the Ohio, should be included in a distinct 
county, called the Illinois County ; that the governor 



20 THE CIVIL GOVERNMENT OF INDIANA. 

should appoint a county-lieutenant, who should have 
large powers ; and that in civil matters the people should 
be governed by the French laws and customs, administered 
by civil officers " chosen by a majority of citizens in their 
respective districts." Under this law, the first election 
ever held in Indiana took place in June, 1779. Though 
the French settlers were left under their former laws, the 
years following were years of distress and hardship. 

17. Three States Claim Indiana. — While Virginia 
asserted and partially exercised jurisdiction over the 
Northwest, her title was not undisputed. Massachusetts, 
Connecticut and New York also laid claim to large portions 
of this section. These were based upon their sea to sea 
charters and upon the treaties with the Indians. In the 
case of Virginia, her claim was reinforced by that of con- 
quest. In the year 1780, New York and Virginia each as- 
serted title to the entire Indiana district, and that portion 
north of latitude 41° was also claimed by Connecticut. 

IV. Under National Administration. 

18. Cessions of Western Lands. — The whole Western 
land question was one of extreme difficulty and required 
great tact and delicate treatment. For nearly four years, 
Maryland refused to ratify the Articles of Confederation 
on the ground that the United States should assume juris- 
diction over the western lands without regard to the con- 
flicting claims, and lay it out preparatory to forming new 
States. This delay was preventing the plan of government 
from going into operation, obstructing the financial policy, 
and encouraging the enemies of the United States in their 
hope of internal quarrels and disruption. 

New York was the first claimant State to comprehend 
the significance of the trend of things, and exercised a 
most laudable generosity. On March 1, 1781, a deed was 
given to the United States to all her western claims. This 
same day Maryland ratified the Articles of Confederation. 



HISTORICAL SKETCH OF INDIANA. 21 

Virginia ceded, upon certain conditions, 1 her claim to 
lands northwest of the Ohio, March 1, 1784. Massachu- 
setts followed in 1785, and Connecticut in 1786 with 
certain reservations. Southern States made their cessions 
somewhat later. On April 23, 1784, Congress passed an 
ordinance for the temporary government of the West- 
ern Territory. During the years from 1784 to 1787, much 
confusion prevailed in the Indiana district. 

19. Survey of Public Lands. — By an ordinance of 
1785, Congress provided for the survey of public lands 
with a view to selling them to actual settlers. The essen- 
tial features of the system are still retained. 2 This ordi- 
nance, also, provided for the reservation of the sixteenth 
section in each township for school purposes. Since 1783, 
Congress had been petitioned to sell western lands. These 
requests were more numerous and more urgent after 1785. 
That of the Ohio Company of Associates was especially 
pressing and deserving. The chance of reducing the 
public debt and the prospect of immediate settlement of 
the Northwest, hastened the enactment of a system of 
government adequate to the conditions. 

20. The Ordinance of 1787. — For three years Congress 
had been wrestling with the problem of the government of 
its newly acquired territory. The matter had been in the 
hands of committees, which had reported amendments to 
the Ordinance of 1784. But no modifications could be 
agreed upon which would make the scheme of government 
really effective. On July 13, 1787, this ordinance was at 
last passed. It provided for the conveyance of the estates 
of persons dying intestate, it prescribed the form of gov- 

1 One of these conditions was that 150,000 acres should be granted to 
Colonel George Rogers Clark, and to the officers and soldiers of his 
regiment who conquered the Northwest Territory. This tract was later 
laid off along the Ohio in what is now Clark County. 

2 See Appendix, and Thorpe's The Government of the United States., 
p. 127. 



22 THE CIVIL GOVERNMENT OF INDIANA. 

ernment, it guaranteed civil and personal rights, and re- 
ligious and industrial freedom. 

(a) The Form of Government Established. — (I.) In the^rs^ 
stage, the management was almost absolutely in the hands 
of the governor and judges, who were appointed by Con- 
gress for three years. They had power to adopt and publish 
in the district such civil and criminal laws of the original 
States as seemed best adapted to the circumstances, which 
laws were to be in force unless disapproved by Congress. 
The governor was commander-in-chief of the militia, and 
was empowered to appoint, in each county or township, 
magistrates and other civil officers necessary to preserve 
peace and order. 

(II.) In the second stage, the people exercised more 
power. Upon attaining the number of five thousand males, 
a territorial government might be organized. It was to 
consist of a governor, a legislative council and a house of 
representatives. Authority to make all laws was to be 
vested in the house, council, and governor, who had an 
absolute veto. The governor, also, had arbitrary power 
over the sessions of the General Assembly, having the 
right to convene, prorogue and dissolve it. The council 
and house, in joint session, had the authority to elect a 
delegate to Congress, with the right to participate in the 
debate but not to vote. After repeated requests, the suf- 
frage was extended and the congressional delegate was 
elected by a popular vote. 

(b) u The Compact." — But the part of the Ordinance 
which has given it an immortal fame and a rank among 
the fundamental documents of our country is that desig- 
nated as the "articles of compact between the original 
States and the people and States in the said territory," 
which was to " forever remain unalterable unless by com- 
mon consent." It guaranteed freedom of " worship and 
of religious sentiments," the right of trial by jury, " bene- 
fit of the writ of habeas corpus" representative legislation, 



HISTORICAL SKETCH OF INDIANA. 23 

benefit of common law in judicial proceedings and it 
avowed the sanctity of contracts. " Religion, morality and 
knowledge being necessary to good government and the 
happiness of mankind," schools and the means of educa- 
tion were to be forever encouraged. This was the begin- 
ning of that liberal educational policy which has in a large 
degree contributed to the intelligence, morality and pros- 
perity of the Northwest. The relation of the Territory 
and new States to the National Government and to the 
other States and citizens thereof, is defined. The number 
of new States to be formed, with their boundaries and 
conditions of admission among the States, was prescribed. 
But most important of all was the last article, which de- 
clared : " There shall be neither slavery nor involuntary 
servitude in the said territory, otherwise than in the pun- 
ishment of crime whereof the party shall have been duly 
convicted." All statesmen and students of American po- 
litical history have concurred in assigning this clause as 
the dominant influence during the formative period, which 
secured freedom in the Northwest Territory, and deter- 
mined the result of the Civil War. Mr. Webster has said 
of it: "I doubt whether one single law of any law-giver, 
ancient or modern, has produced effects of more distinct, 
marked, and lasting character than the Ordinance of 1787." 
21. First Stage of Government. — Major-General Ar- 
thur St. Clair was appointed governor October 5, 1787. 
He arrived at Marietta l in July of the following year, and 
at once organized the government. The governor and 
judges in their legislative capacity adopted and published 
several laws. Furthermore, they exceeded their authority 
and enacted statutes, justifying their action on the ground 
that there were no laws adapted to the circumstances. 
These laws were afterward re-enacted by the territorial 
legislature in 1799. 

1 Founded April 7, 1788. 



24 THE CIVIL GOVERNMENT OF INDIANA. 

There was delay in the organization of counties due to 
the hostility of the Indians. The first laws were not 
enforced beyond the Scioto River. Winthrop Sargent, 
secretary of the Territory, and acting-governor in the 

MAP NO. I. 



Map of Indiana Territory, 1800 and 1802. 

West, on June 20, 1790, organized Knox County. It 
included all the country between the Big Miami and a 
line drawn from Fort Massac on the Ohio to the mouth 
of Mackinaw Creek in Tazewell County, Ills., stretching 



HISTORICAL SKETCH OF INDIANA. 25 

from the Ohio to the Great Lakes. This was really the 
first effective civil government at Vincennes since 1779. 

22. Second Stage.— It was ascertained in 1798 that 
the Northwest Territory contained more than five thou- 
sand free males, and an election for members of a gen- 
eral assembly was called. The legislative assembly con- 
vened at Cincinnati in September, 1799, and on October 
3d elected William Henry Harrison delegate to Congress. 
At this first session, the legislature passed forty-eight acts, 
eleven of which the governor vetoed. These laws were 
similar in their scope and tenor to the laws of the States. 

Congress, by the act of May 7, 1800, divided the Northwest 
Territory. All that part lying east of a line drawn from the 
mouth of the Kentucky River to Fort Recovery, 1 thence 
north to the national boundary, was constituted the North- 
west Territory. All lying west of this line was the Indiana 
Territory. 2 It was provided that whenever the eastern terri- 
tory became a State, Indiana should extend to a line drawn 
due north from the mouth of the Miami. 3 The govern- 
ment provided by the Ordinance of 1787 was extended 
over Indiana Territory. " Saint Vincennes " was made the 
capital. 

V. Indiana Territory. 

23. The First Stage. — The government of Indiana Ter- 
ritory began July 4, 1800. William Henry Harrison was 
the first governor and served until 1812. John Gibson 
was secretary and acting-governor during the absence of 
Governor Harrison. The first laws published by the In- 

x The " Greenville Line." 

2 See heavy black line in Map No. I. 

3 When, on April 30, 1802, Ohio was authorized to form a State 
government, all the territory west of a line drawn due north from the 
mouth of the Miami and intersecting one drawn due east from the 
extremity of Lake Michigan and north of this said line, was included 
in Indiana Territory. (See dotted line in Map No. I.) 

C 



26 



THE CIVIL GOVERNMENT OF INDIANA. 



diana court and governor treated of the courts, fees, ferries, 
and county levies. 

The population of the Territory was 5641. The number 
residing in what is now Indiana has been estimated at 



MAP NO. II. 




Map of Indiana Territory, 1805, 1809 and 1816. 

2500. The slaves in Indiana Territory in 1800 have been 
judged at about 175, twenty-eight of whom were around 
Vincennes. In all parts of the Territory, except Clark's 
Grant, the population was largely French, although the 
Americans seem to have had the dominating influence. 



HISTORICAL SKETCH OF INDIANA. 27 

An election was held' on September 11, to obtain an 
expression of opinion on the question of passing to the 
second stage. Out of a total vote of 400, those favoring 
the second stage had a majority of 138. On December 5, 

1804, Governor Harrison announced the result of the elec- 
tion, declared that Indiana Territory had passed into the 
second grade and ordered an election for January 3, 1805. 

24. The Second Stage. — In accordance with this 
order the election was held, and nine members met on 
February 1, 1805, at Vincennes to begin the government 
under the new system. The House selected the names of 
the ten men from whom the president was to name the five 
councillors. President Jefferson delegated that power to 
Governor Harrison. The legislature as organized in July, 

1805, was composed of seven representatives and five coun- 
cillors. Benjamin Parke was elected the first delegate of 
Indiana Territory, which position he occupied till 1808. 

In the meantime, 1 Congress had erected Wayne County 
into a separate government under the name of Michigan 
Territory, to take effect after June 30, 1805. It included 
all that district lying north of a line drawn east from the 
southerly extreme of Lake Michigan to Lake Erie and east 
of a line drawn from said southerly extreme through the 
middle of the lake to its northern extremity and thence 
due north to the national boundary. 2 

After several petitions requesting separation had been 
received from the Illinois people, Congress authorized the 
division of the Territory, to take effect March 1, 1809. 3 

1 January 11, 1805. 

2 For boundaries of Indiana Territory see heavy black line in Map 
No. II. 

3 The population was estimated at this time at 17,000 in Indiana and 
11,000 in Illinois. By the act of division the western boundary of 
Indiana was defined as "the Wabash River and a direct line drawn 
from the said Wabash River and Post Vincennes due north " to the 
then northern boundary. (See jotted line in Map No. II.) 



28 THE CIVIL GOVERNMENT OF INDIANA. 

25. The Battle of Tippecanoe. — The continued sale 
of lands by the Indians alarmed some of the more ag- 
gressive chiefs. Under the leadership of Tecumseh and 
his brother the Prophet, two Shawanee warriors, a con- 
federacy was organized among certain tribes to resist 
further sales, to punish chiefs conveying lands, and to 
prevent the survey and settlement of lands already ceded. 
Tecumseh 's theory was, that no tribe had the right to dis- 
pose of its lands without the consent of the other tribes. 
The hostile design of the confederates was anticipated by 
Governor Harrison, who marched into the Indian country 
with a strong force. His purpose was to induce the tribes 
to return to their own lands and villages. But before a 
conference could be held, Harrison was attacked about 
daybreak on November 7, 1811, while encamped near the 
Tippecanoe River. The soldiers and militia, w r ho had 
slept on their arms, endured the terrific assault bravely 
and the Indians were compelled to retire. The confeder- 
acy was broken up and the Prophet's town destroyed. 
By the Treaty of Greenville, July 22, 1814, peace and 
friendship were again established. 

26. A Change of Governors. — On September 24, 1812, 
Governor Harrison received news of his appointment to 
the command of the Army of the Northwest, w r ith the 
rank of Brigadier-General. From that time the Secretary 
of the Territory, John Gibson, was acting-governor until 
the arrival of Governor Posey (May 25, 1813). The in- 
fluence of Governor Harrison, with the exception of his 
advocacy of slavery, was for the advancement of the Ter- 
ritory. His management of Indian affairs was just and 
humane. Again and again he recommended to the legis- 
lature liberal provisions for education — from the common 
school to the university. In 1806, Vincennes University 
was incorporated, and he was one of the trustees and 
served till his withdrawal from the Territory. 

The legislature of 1813 had ordered the capital of the 



HISTORICAL SKETCH OF INDIANA. 29 

Territory to be located at Corydon ci from and after the 
first day of May, 1813." At the first session held there 
in December, 1813, the two houses addressed replies to 
the governor's message. A law prohibiting dueling was 
passed at this session. 

In 1814, the legislature granted charters to the first 
banks — The Farmers' and Mechanics' Bank at Madison 
and the Bank of Vincennes. The latter, in 1817, became 
the State Bank of Indiana and adopted the former as a 
branch. In 1821 the State Bank was closed by order of 
the court. 

27. The First Constitutional Convention. — In 1816, 
Congress passed an enabling act authorizing an election of 
delegates who were to determine whether or not a State 
government should be formed. If statehood were de- 
sired, they had the power to proceed at once to the 
formation of a Constitution or to order an election of 
delegates who should perform that duty. The convention 
met on June 10. Of the forty-three members, but few 
later attained any pre-eminence in politics or the profes- 
sions. The majority of them were plain, common-sense 
pioneers who had a strong belief in the rights of men and 
a clear perception of justice. The convention completed 
its work June 29 and adjourned the same day. 

28. The Constitution. — The Constitution, though not 
so democratic, did not differ materially from that now in 
force. It contained a bill of rights, and prescribed a 
republican form of government with three departments, — 
legislative, executive, and judicial. The General Assembly 
met annually. The term of senators was three years; that 
of representatives, one year. The governor's term was 
three years. He had the usual executive powers. He, 
also, appointed judges of the Supreme Court, to serve 
for seven years. The General Assembly elected the other 
State officers (secretary, auditor and treasurer of State). 
All white male citzens who had resided within the State 



30 THE CIVIL GOVERNMENT OF INDIANA. 

one year were given the right of suffrage. Slavery was 
forever prohibited. Every twelve years the people had an 
opportunity to vote upon the question of calling a general 
convention to amend the Constitution. 

29. Slavery in Indiana. — When the Ordinance of 1787 
was passed, slavery already existed in Indiana. The in- 
terpretation placed upon the Ordinance was that it pro- 
hibited the further importation of slaves, but did not 
free those then held in the Territory. The settlers, most 
of whom were from the Southern States, were eager for its 
further introduction. From 1796 to 1807, six petitions 
were presented to Congress asking for an abrogation or 
modification of the sixth article of the " Compact " which 
forbade slavery. These petitions were denied. But in the 
face of this opposition, the number of slaves had increased 
from twenty-eight in 1800 to two hundred and thirty-seven 
in 1810, under a law permitting slavery by indenture. 1 
The sentiment against slavery gradually increased in the 
Territory. In the Constitutional Convention of 1816, the 
friends of freedom were overwhelmingly in the majority 
and slavery was forever prohibited. But so difficult was 
it to uproot this institution of evil that, in spite of consti- 
tutional prohibition, a few slaves were held in the State for 
several years afterward. 

30. Beginning of State Government. — The first gen- 
eral election under the Constitution was held on the first 
Monday of August, 1816, and Jonathan Jennings was 
chosen governor. The first General Assembly 2 met at 
Corydon, November 4, 1816. Three days later .the gov- 

1 Under this law, an immigrant bringing slaves into the Territory 
might appear before the clerk of the court and determine and agree 
with the slaves the term of years they would serve him. If the slaves 
refused to enter into such a contract, the owner might carry them into 
another State. The law was clearly a violation of the Ordinance, 

2 The legislature consisted of ten senators and twenty-nine represen- 
tatives. 



HISTORICAL SKETCH OF INDIANA. 31 

ernor and the lieutenant-governor took the oath of office in 
their presence. The next day the legislature elected James 
Noble and Waller Taylor United States senators, and later 
chose the secretary, the auditor and the treasurer of State. 

On December 11, 1816, the President signed the resolu- 
tion of Congress which formally admitted Indiana into 
the sisterhood of States. 1 The growth of the State was 
rapid. The population more than doubled in five years. 2 

The task of inaugurating a new government among a 
frontier people, poor in purse, scattered far and wide, and 
devoid of means of communication and transportation, is 
arduous and exacting. Our first governor and legislators 
met the difficulties with tact, wisdom, intelligence and 
patriotism. Many obstacles prevented the establishment 
of an adequate system of public instruction. But several 
academies and library associations were incorporated 
within a few years. 

31. Removal of the Capital. — In 1820, commissioners 
selected the present seat of government, which is wdthin a 
few miles of the geographical centre of the State. In that 
year there was no white colony within fifty miles of the 
place. In 1825 the capital was removed to Indianapolis ; 
at that time it required ten days to go one hundred and 
twenty-five miles. 

32. State Enterprises. — (1) The most worthy venture 
was the Indiana State Bank. The State owned half of the 
stock and participated in its management. Its career w r as 
honorable and successful, bringing large profits to the 
State and to private stockholders. The-charter extended" 
from 1834 to January 1, 1857. Manufactures increased, 
private corporations were organized, and prosperity seemed 
assured. But with the panic of 1837 came a serious reac- 

1 For the boundaries of Indiana, as prescribed by the enabling act and 
accepted by the State, see Article XIV. of the Constitution. (See Map 
No. II.) 

2 The population was 63,897 in 1815 ; 147,178 in 1820. 



32 THE CIVIL GOVERNMENT OF INDIANA. 

tion. And the collapse of the improvement schemes 
brought disaster and misery to the people. 

(2) The successful prosecution of canal enterprises in 
the Eastern States encouraged the advocates of State high- 
ways and waterways in the West. The State had received 
cessions of land from the Indians and extensive grants 
from the National domain, and in 1836 it authorized the 
expenditure of more than $10,000,000 for the building of 
canals, roads and railroads. Many of the projects were 
wholly worthless ; mistakes were made in the organization 
and management of others ; the cost exceeded the esti- 
mates; the proceeds from the canal lands did not meet 
expectations; the panic of 1837 made it impossible to 
borrow money, so that the State was almost bankrupted 
and its credit well-nigh ruined. It was found necessary to 
transfer some of the public works to private corporations 
and wholly to abandon others. The total loss to the State 
was about*$8,000,000. 

33. A New Constitution. — On January 18, 1850, the 
legislature authorized the assembling of a constitutional 
convention, which was to be composed of one hundred and 
fifty delegates. It met on October 7, and after four months 
of assiduous deliberation it completed its task and ad- 
journed February 10, 1851. The Constitution was ratified 
by the people August 4. The vote on the Constitution was 
109,319 for, and 26,755 against, its adoption. The vote on 
the thirteenth article, which provided for the exclusion 
and . colonization of negroes and mulattoes, was taken 
separately and resulted in 109,976 for and 21,066 against. 
It took effect November 1, 1851, and the first general elec- 
tion under it was held in 1852. 

34. Indiana in the Civil War. — In response to the 
President's call for 75,000 troops and Governor Morton's 
proclamation for 6000 volunteers — Indiana's quota — nearly 
20,000 men offered their services. The difficulty was not 
to get men enough but to get few enough. In all, Indiana 




HISTORICAL SKETCH OF INDIANA. 33 

furnished over 200,000 men for the suppression of the Re- 
bellion, and they were found on almost every battle-field 
of the war. Individuals, corporations, towns and cities 
contributed money. The 
State not only furnished 
men, but supplied them 
with food, clothing and 
munitions until the Gen- 
eral Government could 
meet the demands made 
upon it. Not satisfied with 
putting men into the field, 
the people established a re- 
lief corps and supplied the 
fighting soldiers with many 0LIVER PEKKY M()RT0N 

comforts and conveniences. 

They made provision for the needy families of absent men, 
and cared for the children of those who perished. 

In the summer of 1863, the State rose as one man to 
repel the bold invasion of John Morgan. More than 
60,000 men offered their services within two days. 

All in all, Indiana's record during the war is one that 
reflects great honor upon her name. And it is fitting that 
the finest soldiers' monument in the world should com- 
memorate the loyalty, the heroism, the suffering and forti- 
tude of her citizen soldiery, who were not justly rewarded 
by merited promotions in the army. 

35. Indiana in National Politics. — While Indiana's 
position in National affairs has not been so conspicuous 
as that of some of the older States, she has played her part 
well and honorably. 

Three of her Congressmen— John W. Davis, Schuyler 
Colfax and Michael C. Kerr — have served as Speaker of 
the House of Representatives. 

She has had representation in the Presidents' Cabinets 
as follows : Caleb B. Smith and John P. Usher as Secre- 

3— Ind 



34 THE CIVIL GOVERNMENT OF INDIANA. 

taries of the Interior, Hugh McCulloch as Secretary of 
the Treasury under three Presidents, James N. Tyner and 
Walter Q. Gresham as Postmasters-General, Richard W. 
Thorn pson as Secretary of the -Navy, William H. H. Miller 
as Attorney-General, and John W. Foster and Walter Q. 
Gresham as Secretaries of State. 

The importance of Indiana in presidential elections is 
shown by the fact that from 1868 to 1892 a candidate from 
Indiana was found on one ticket or the other. In 1868, 





Schuyler Colfax. Thomas A. Hendkicks. 

Schuyler Colfax was elected Vice-President on the Repub- 
lican ticket. In 1884, Thomas A. Hendricks, the Demo- 
cratic candidate for the Vice-Presidency, was elected but 
did not live to serve out his term. In 1888, Hon. Benjamin 
Harrison was elected President and as the Chief Execu- 
tive of the Nation exhibited statesmanship of the highest 
order. Senator Charles W. Fairbanks w r as elected Vice- 
President in 1904. 

36. Education. — By an act of Congress (March 26, 
1804) the sale of certain public lands was provided for, 
" with the exception of the section numbered sixteen, 
which shall be reserved in each township for the support 
of the schools within the same; also, of an entire township 
.... for the use of a seminary of learning." By the 
enabling act of April 19, 1816, this grant was re-affirmed 



HISTORICAL SKETCH OF INDIANA. 35 

and one entire township in addition was reserved for the 
use of a seminary. President Monroe designated what is 
now the civil township of Perry, in the county of Monroe, 
to be devoted to this purpose. 

In pursuance of the act of 1804, the first General 
Assembly of the Territory incorporated Vincennes Uni- 
versity, November 29, 1806. The trustees were authorized 
to raise $20,000 by lottery. The school was opened for 
instruction in 1810. On January 20, 1820, the State 
Seminary w r as established at Bloomington. Later, the 
assistance heretofore given the Vincennes University was 
diverted to the State Seminary. January 24, 1828, the 
Seminary was converted into the Indiana College by act 
of the General Assembly. The institution was changed 
in 1838 to the Indiana University. 

In 1869, Purdue University, the agricultural and me- 
chanical college of Indiana, was located at LaFayette. 
The institution was opened to students in 1874. It is 
maintained at the expense of the State. 

The Indiana State Normal School was established in 
1865, the object of which is " the preparation of teachers 
for teaching in the common schools of Indiana." 

Besides these State schools there are some twelve other 
institutions — colleges and universities — which are doing 
valuable and efficient work. 

Thus, the State school system began with higher educa- 
tion and not with the common schools. Under the first 
Constitution " no efficient school law was ever passed." 
Several academies and seminaries for secondary instruction 
were established; but these were supported in part by 
tuition fees. This was a period of preparation and ex- 
periment. Difficulties and impediments seemed to make 
fruitless every effort to establish a general system of edu- 
cation. In 1840, one-seventh of the adult population were 
unable to read. Of the children of school age, not 50,000 
— less than one-fifth — were attending primary and com- 



36 THE CIVIL GOVERNMENT OF INDIANA. 

mon schools. 1 In 1850, Indiana stood twenty-third in the 
list of States in regard to popular education, with only 
three slave States below her. Under the Constitution of 
1851, the progress of the common schools has been rapid 
and substantial. The law of 1852 contained the essence 
of the present system. It has been modified and strength- 
ened by subsequent amendments. The fundamental prin- 
ciple is that the educational system must be general and 
uniform, dependent for its support partially upon taxes 
derived from the local communities and partially upon 
revenues from the State. 

Gradually the cause of the common schools won its way 
and the indifference and obstinacy of its opponents were 
overcome. To-day Indiana ranks among the first States 
in regard to her educational system. 

37. Conclusion. — It is impossible within the scope of 
this book to depict adequately, even the political history 
of Indiana, not to speak of the social life and industrial 
development. In the appendix will be found statistics 
illustrating her present condition. But they fail to con- 
vey a clear conception of the marvellous grow T th within 
the period of ninety years. The population has increased 
from 70,000 in 1816" 2 to nearly 2,700,000 in 1905. The 
number of acres under improvement has risen from 
1,750,000 in 1817 3 to over 17,000,000 in 1905. The annual 
products of farms in 1816 were scarcely sufficient to furnish 
sustenance to the settlers. Now they are worth more than 
$200,000,000. The value of manufactured products has 
advanced from 8191,000 4 in 1810 to about $400,000,000 in 
1905. Facilities of transportation have progressed from 
the flat boat, the pack horse following Indian trails and 
the lumber wagon trudging over roads almost impassable, 
to comfortable coaches and powerful and magnificent 

1 Indiana Gazetteer, 1850, p. 44. 2 Dillon's History of Indiana, p. 563. 
3 Indiana Gazetteer, 1850, p. 115. 4 Dillon's History of Indiana, p. 438. 



HISTORICAL SKETCH OF INDIANA. 37 

trains gliding over the seven thousand miles of railroads 
and fourteen hundred miles of electric roads. The enroll- 
ment of schools has risen from almost nothing to six 
hundred thousand in 1903, with an expenditure of 
$9,000,000 annually. Religious worship, instead of being 
conducted under the shelter of trees, or in barns or log 
houses, is now performed in six thousand churches valued 
at more than $18,000,000. The total wealth in 1890, 
according to the United States Census for that year, aggre- 
gated $2,095,176,626. Advancement in other lines has 
kept pace with this stupendous material development. 
No longer does any stigma attach to the name of Hoosier. 

LEADING EVENTS IN THE HISTORY OF INDIANA. 

1669-70. La Salle's exploration of the Ohio River. 
1679. La Salle's exploration in Northern Indiana. 
1695. Kaskaskia settled. 
1720. Post established at Ouiatanon. 
1727. Post established at Vincennes. 
1763. The Treaty of Paris. 

1779. Vincennes surrendered to Col. George R. Clark 
1787. Ordinance of 1787. 

1800. Indiana Territory organized with the capital at Vincennes. 
1800-10. Slavery by indenture permitted. 

1804. " The Western Sun," the first newspaper in the Territory, 
established at Vincennes. 

1804. Indiana Territory passed to the second stage. 

1805. Michigan Territory separated from Indiana Territory. 

1806. Vincennes University founded. 

1809. Illinois Territory separated from Indiana Territory. 

1811. Battle of Tippecanoe. 

1813. Removal of Capital from Vincennes to Corydon. 

1816. First State Constitution framed and adopted. 

Indiana admitted to the Union. 

1820. Bloomington Seminary (Indiana University) founded. 

1825. Removal of Capital from Corydon to Indianapolis. 

1834. Indiana State Bank chartered. 

1835. The Wabash and Erie Canal opened. 
1851. New State Constitution adopted. 
1889. Australian Ballot Law enacted. 




Benjamin Harrison. 



CHAPTER II. 

THE STATE GOVERNMENT. 



—o>Ko 



I. Introduction. 

38. The Preamble to the State Constitution is the en- 
acting clause which declares for what purpose the sove- 
reign people have ordained the Constitution. 

39. The Bill of Rights 1 is the first article of the Con- 
stitution. It contains a statement of the fundamental 
principles which underlie the system of government and 
a declaration of the civil and political rights which are 
inviolably reserved to the people. Most of these are found 



1 See the Constitution. Each section of the bill of rights should be 
carefully studied by the class. Frequent reference to the Constitution 
should be insisted upon. 
38 



INTR OD UCTION. 39 

also in the Constitution of the United States. They were 
wrung from unwilling kings by our own English ancestors 
during a contest which lasted more than five hundred 
years. 

40. Citizenship. — "Citizens are the members of the 
political community to which they belong. They are the 
people who compose the community and who have estab- 
lished, or submitted themselves to, the dominion of a gov- 
ernment for the promotion of their general welfare and 
the protection of their individual as well as their collective 
rights." ! The Constitution of the United States declares 
that " all persons born or naturalized in the United States 
and subject to the jurisdiction thereof are citizens of the 
United States and of the State wherein they reside." 
Thus all the people — men, women and children — living 
in Indiana, born or naturalized in the United States and 
subject to the jurisdiction thereof, have a dual citizenship : 
they owe allegiance and obedience to the State and to the 
Nation ; and they are entitled to protection under each of 
these governments. 2 

41. Electors. — Those citizens who participate in gov- 
ernment by voting are called electors. In Indiana not all 
citizens are electors, for women and children cannot vote; 
and not all electors are citizens, for by the Constitution 
suffrage has been given to persons of foreign birth who 
have not been fully naturalized. 3 The qualifications of 
electors as to age, sex and residence are prescribed in the 
Constitution of the State. 4 As provided in 1851, this right 
was restricted in Indiana to whites only. But the Four- 

1 Supreme Court decision in U. S. vs. Cruikshank, 92 U. S. 542. 

2 Indians living in tribal relations, though born in the United States, 
are not citizens, for they are not "subject to the jurisdiction " of the 
laws of the United States but to the laws and customs of their respec- 
tive tribes. All the Indians residing in this State are citizens, for they 
have severed their tribal relations. 

3 See Art. II. Sect. 2. 4 See Art. II. Sects. 2, 3, 4, and 8. 



40 THE CIVIL GOVERNMENT OF INDIANA. 

teenth and Fifteenth Amendments of the Constitution of 
the United States superseded this article, and in 1881 it 
was repealed. The right to vote in local or State elections 
gives one the right to vote for congressmen and for presi- 
dential electors. 1 

42. Distribution of Powers. — The Constitution of the 
United States guarantees to every State a republican form 
of government; that is, a government in which the affairs 
are administered by representatives chosen by the people. 
By the third article of the State Constitution, the powers 
are divided into three separate departments : the legislative, 
the executive, and the judicial. It is the prevalent theory 
that these branches should be as nearly independent as 
possible, and thus serve as checks upon one another. It 
is, therefore, provided that no officer in one department 
may exercise any of the functions of an officer in another 
department, except in the few cases provided for in the 
Constitution itself. 2 

IE. The Legislative Department. 

43. The Legislative Authority; Where Vested. — 

That branch of gO¥ernment which has the power to make 
the law T s is now generally conceded to be the most import- 
ant. It represents more perfectly than any other depart- 
ment the views of every section of the State, and is elected 
to express the will of the people. The legislative author- 
ity is vested in a General Assembly consisting of a Senate 
and a House of Representatives. 3 

44. The Senate. — Every six years an enumeration of 
all the male inhabitants over twenty-one years of age is 
made. At the first session of the General Assembly fol- 
lowing this enumeration, the number of senators (not 
exceeding fifty) is fixed by law and apportioned among 



1 The manner of conducting elections is explained in Chapter V. 

2 See Art. III. 3 See Art. IV. Sect. I. 



THE LEGISLATIVE DEPARTMENT. 41 

the several districts according to the number of males as 
above determined. 1 The senators, now fifty, are chosen 
by the electors of the respective districts 2 for a term of 
four years. The Senate is divided into two classes, so 
that one-half is elected biennially. 3 Each legislature is 
sure, therefore, to have some experienced men in its 
service. 

A senator must be a citizen of the United States, an 
inhabitant of this State for two years next preceding his 
election, an inhabitant of his district for one year next 
preceding his election, and at least twenty-five years old. 4 
The only exclusive power conferred on the Senate by the 
Constitution is to try impeachments which have been 
made by the House. 

45. The House of Representatives. — The number of 
representatives is determined in the same manner and at 
the same time as that of the senators. 1 At present there 
are one hundred representatives. 2 They are chosen by the 
electors of their respective districts, for a term of two years. 
Their qualifications are the same as those of senators, ex- 
cept that the age limit is twenty-one years.* The House 
has the power to impeach any State officer. 5 

46. Sessions. 6 — The regular sessions of the legislature 
are held at the capital in the odd-numbered years. They 
begin on the Thursday following the first Monday of Jan- 
uary 7 and may continue sixty-one days. Special sessions 



1 Art. IV. Sects, h 5, 6. No county for senatorial apportionment 
may be divided, and if a district contains more than one county, the 
counties must be contiguous. Revised Statutes, sects. 4956-8. 

2 See Art IV. Sect. 2. 3 See Art. IV. Sect. 3. 

4 See Art. IV. Sect. 7. No person holding a lucrative office or ap- 
pointment under the United States or under this State is eligible to a 
seat in the General Assembly. See Art. II. Sect. 9. 

5 See Art VI. Sect. 7. 6 See Art. IV. Sects. 9 and 29. 

7 A different day and place may be established by law. The daily 
sessions begin at 9 a.m. and at 2 p.m. 



THE LEGISLATIVE DEPARTMENT 43 

may be called at any time by the governor, if the public 
welfare require it. They cannot exceed forty days in 
length. The sessions of each house and of the committees 
of the whole must be open, unless, in the opinion of either 
house, secrecy may be required. 1 

Two-thirds of each house is required to constitute a 
quorum for the transaction of business. 2 

Each house determines its own adjournment with the 
limitation that neither house may, without the consent 
of the other, adjourn for more than three days, nor to any 
other place. 3 

47. Compensation. — The Constitution provides that 
the compensation of members shall be fixed by law, 4 but 
it forbids any increase taking effect during the session at 
which it may be made. The present compensation is six 
dollars per day, and five dollars for every twenty-five 
miles traveled in going to and from the session. 5 

48. Privileges. — During the sessions of the Assembly 
and in going to and from the same, all members are priv- 
ileged from arrest in all cases except treason, felony, and 
breach of the peace. They are not subject to civil process 
during the session, nor during the fifteen days just pre- 
ceding. They cannot be questioned in any other place for 
speeches in the house. 6 If it were otherwise there could 
not be freedom of debate. Any member may protest 
against the passage of any bill or resolution and have his 
protest entered on the journal. 7 

49. Ineligibility. — No member of either house is elig- 
ible during his term to any office the election to which is 
vested in the General Assembly ; nor may he be appointed 
to any civil office of profit which has been created during 

1 See Art. 1 V Sect. IS. 2 See Art. IV. Sect. 11. 

3 See Art. IV. Sect. 10. 4 See Art, IV. Sect. 29. 

5 The amount of mileage due each member is determined by a com- 
mittee appointed for that purpose. 

6 See Art. IV Sect. 8. 7 See Art IV Sect. 26. 



44 THE CIVIL GOVERNMENT OF INDIANA. 

his term, except to an office elective by the people. 1 This 
is to guard against collusion and corruption. 

50. Punishment. — Either house may punish its mem- 
bers for disorderly conduct, and with the concurrence of 
two-thirds, may expel a member. Either house, during 
its session, may punish by imprisonment not exceeding 
twenty-four hours, any person not a member, for dis- 
respect by disorderly or contemptuous behaviour in its 
presence. 2 Order is necessary for calm deliberation and 
judgment. 

51. Organization. 3 — In order to secure the indepen- 
dence of each house it is provided that each shall elect its 
own officers 4 (except the president of the Senate 5 ) ; judge 
the elections, qualifications, and returns of its own mem- 
bers ; and determine its rules of procedure and adjourn- 
ment. (See exception, § 46.) 

52. Journals. 6 — Each house is required to keep and 
publish a journal of its proceedings. On any question the 
yeas and nays must be entered on the journal upon the 
proper request. Each house has a committee (the only one 
authorized by law) on the correction of the journal, whose 
duty it is to inspect the same and report any errors. The 
journal after approval is signed by the presiding officer 
and deposited with the secretary of State, and later 
printed. 

53. Committees. — Legislative business is hastened by 
distributing the subjects of legislation among committees. 
The Constitution and statutes make no provision for the 

1 See Art. IV. Sect 30. 2 See Art. IV. Sects. U and 15. 

3 See Art. IV Sect. 10. 

4 The officers are, besides the president of the Senate and the speaker, 
the secretaries, clerks, door-keepers, postmasters, paper-folders, pages, 
messengers, and sweepers. 

5 Whenever the lieutenant-governor acts as governor or is absent from 
the Senate, that body elects one of its own members as president. See 
Art V Sect. 11. 6 See Art. IV Sect. 12. 



THE LEGISLATIVE DEPARTMENT. 45 

appointment of these committees. Each house determines 
by resolution the number and size of its committees. 1 
They are appointed in the House by the speaker, in the 
Senate by the president. 2 It is seen, therefore, that the 
presiding officers have great influence over the course of 
legislation, since the recommendations of the committees 
are generally accepted as final. Without such a system it 
would be impossible for the house to give careful and 
thoughtful consideration to all matters which might be 
proposed for legislation. Yet there are some serious dis- 
advantages in this method. It prevents unity and har- 
mony in legislation, affords greater opportunity for cor- 
ruption and lessens responsibility. 

54. Law-Making. 3 — The Constitution provides that no 
law shall be enacted except by bill. A bill 4 is the draft 
of a proposed law and must begin with the following 
words : " Be it enacted by the General Assembly of the 
State of Indiana." 5 All bills for raising revenue must 
originate in the House of Representatives ; all others may 
originate in either house and either house may amend any 
bill of the other house. 6 Each bill is read on three days 
unless the house 7 dispenses with the first and second read- 

1 At the sixtieth session of the General Assembly, the Senate had 
thirty-seven standing and three joint committees; the House of Repre- 
sentatives had forty-four standing, one select, and three joint commit- 
tees. Most of the committees of the House of Representatives consist 
of nine members, those of the Senate of seven. 

2 In the Senate they are sometimes elected, when the lieutenant- 
governor differs in politics from the majority of the Senate. 

3 See rules of House and of Senate, 1897. 

4 A resolution is a law which affects only the house which enacts it. 
A concurrent resolution binds the two houses in matters relating 

to both of them. 

A joint resolution passes through the same steps as a bill. It is used 
in expressing opinions of the legislature, in appointing important com- 
mittees, and in proposing amendments to the Constitution. 

5 See Art IV. Sect. 1. 6 See Art. IV. Sect. 17. 

7 In tracing the history of a bill, we have assumed that it was intro- 



46 THE CIVIL GOVERNMENT OF INDIANA. 

ings by a two-thirds vote. The first reading is for in- 
formation. The bill may be then and there rejected ; 
but if it is not rejected (and bills seldom are rejected on 
the first reading), it is referred to a standing or select com- 
mittee or to a committee of the whole house. If it is 
deemed of sufficient importance it may be printed. 1 

The committee in charge of a bill may kill it by delay- 
ing to report until there is not sufficient time for consider- 
ation : it may report to the house with or without amend- 
ment, or with or without recommendation. The bill then 
goes to the speaker's desk to await its turn; when it is 
reached in the order of business, it is read the second time. 
It is then ready for amendment, re-commitment, or engross- 
ment. It is at this point that the chief discussion on the 
merits of the bill occurs. A bill may be rejected here by 
a motion to strike out the enacting clause. If it is neither 
amended, re-committed, nor rejected, it is ordered to be en- 
grossed " in a fair round hand." After engrossment it is 
presented to the committee on engrossed bills, whose " im» 
peratiye duty " it is to compare the engrossed with the 
original bill and ascertain whether it has in all respects 
been accurately and correctly engrossed. After errors are 
corrected, it is taken up in the course of business and 
ordered to the third reading. The question is then " Shall 
the bill pass? " The vote is taken by yeas and nays and 
a majority of all the members elected is necessary to pass 
the bill. 2 Then the question is " Shall the title of the bill 
stand as the title of the act? " It is generally so ordered 
without a vote, if no objection is raised. The clerk of the 
House then informs the Senate of the passage of the bill. 
The engrossed copy, signed by the clerk, is thereupon 

duced in the House of Representatives. The procedure would be simi- 
lar if the introduction were in the Senate. 

1 In the Senate, all bills reported favorably and all bills having 
majority and minority reports are printed. 

3 See Art. IV. Sects. 18 and 25. 



THE LEGISLATIVE DEPARTMENT. 47 

transmitted to the Senate and passes through the same 
routine, except that a bill engrossed in one house is not en- 
grossed in the other. If it is modified, the amendment is 
engrossed and is returned with the bill to the house in 
which it originated. If the House concurs, the bill is ready 
for enrollment. If it non-concurs, each house appoints two 
members to a joint conference committee. If the houses 
after the report of this committee are unable to agree, the 
bill is lost. If the bill is finally agreed to by both houses, 
it is enrolled on paper and indorsed on the back by the 
clerk of the house in which it originated. The enrolled 
bill is then examined by at least two members of the joint 
committee on enrolled bills, who compare it with the en- 
grossed bill and correct any errors. If duly enrolled, the 
bill is signed, first by the speaker, then by the president 
of the Senate, and it is then presented by the joint com- 
mittee on enrolled bills to the governor for his considera- 
tion. The committee report their action to their respective 
houses, which report is entered on the journal of each 
house. If the governor signs the enrolled bill, he notifies 
each house of his action and sends the bill to the secretary 
of State. If the governor vetoes the bill, he returns it un- 
signed with his objections to the house in which it orig- 
inated, which house enters the objections at large upon its 
journal and proceeds to reconsider the bill. If a majority 
of the members elected pass it, they send it with the gov- 
ernor's objections to the other house for consideration ; 
and if approved there by a majority of the members 
elected, it becomes a law, and is deposited with the secre- 
tary of State. 1 If the governor retains the bill three days 
(excepting Sundays) it becomes a law, unless the general 
adjournment prevents its return. In case of adjournment 
it becomes a law, unless the governor files his objections 
with the secretary of State within five days (to be laid 

1 See Art V. Sect. 14. 



48 THE CIVIL GOVERNMENT OF INDIANA. 

before the legislature at the next session). No bill shall 
be presented to the governor within two days of the final 
adjournment. 1 

No law takes effect until published and circulated in the 
several counties by authority, except in case of emergency, 
when it takes effect on its passage. 2 

55. Restrictions on Law-Making*. — The legislature has 
authority to make laws on all subjects except where pro- 
hibited and restricted by the laws, treaties and Constitu- 
tion of the United States and by the Constitution of 
Indiana. 3 Besides the restraints set forth in the bill 
of rights, the Constitution has imposed several other 
restrictions upon the legislature. As to methods, it pre- 
scribes that every act shall embrace but one subject and 
matters properly connected therewith, which subject must 
be expressed in the title. The purpose of this is to prevent 
the enactment of undesirable bills which might be passed 
under a misleading title, or by incorporation into a worthy 
measure. The use of technical terms must be avoided as 
far as possible, in order that laws may be clear even to 
the simplest. 4 

The laws must be general in all cases where such laws 
are applicable. This is to prevent favoritism. To enforce 
this principle, the Constitution specifically forbids local or 
special laws relating to the following subjects : the punish- 
ment of crimes and misdemeanors; changing venue; di- 



1 Sometimes, if the governor favors an important bill, he waives this 
right. 

2 See Art. IV. Sect. *28. Clerks of circuit courts are required to cer- 
tify to the governor the day of receiving the laws of any session. As 
soon as the certificates from all the counties are received by the gover- 
nor, he issues and publishes his proclamation announcing the date of 
the latest filing, which is the date of its taking effect. (Revised Statutes, 
sects. 238, 239.) 8 See Art. IV. Sect. 16. 

4 See Art. IV. Sects. 19-21. For other restrictions see \ 54, on Law- 
making. 



THE LEGISLATIVE DEPARTMENT. 49 

vorees ; changing names of persons ; regulating county and 
township business ; assessment and collection of taxes ; 
fees and salaries; interest; the opening and conducting 
of elections ; and others of less importance. 1 

No money may be drawn from the treasury but in pur- 
suance of appropriations made by law. 2 The pay of 
judges may not be diminished during their term of office. 

No State debt may be created except to meet casual de- 
ficits in the revenue ; to pay the interest on the State debt ; 
to repel invasion ; suppress insurrection ; or to provide for 
the public defense. 3 

No law may authorize the payment of the canal debt, 
the settlement of which was provided for by legislation in 
1846 and 1847. 4 

56. Taxation and Revenue. — The most responsible duty 
resting upon the General Assembly is to provide for the 
raising and disbursement of the public revenue. 5 The 
principal expenditures are for the offices, boards, bureaus 
and departments of the State; the judiciary ; the benevo- 
lent, the penal and reformatory, and the educational insti- 
tutions; the common schools; and the principal and inter- 
est of the State debt. The commonwealth does not engage 
in any industry from which it may derive an income. To 
meet these expenses, therefore, it must depend upon the 
contributions of its citizens and of others who enjoy its pro- 
tection. The legislature has faithfully endeavored to pro- 
vide this revenue. " Experience the impression deeper 
makes that Indiana does not follow, but leads, in fidelity 
to the great principle that should underlie the provisions 
of raising revenue by taxation, that of equal and exact 



1 See Art. IV. Sect. 2°2, for the complete enumeration. 

2 See Art. X. Sect 3. 

3 See Art, X. Sect. 5. 

4 See Art. X. Sect. 7. 

5 See Art. X. Sect. 1. 

4— Ind E 



50 THE CIVIL GOVERNMENT OF INDIANA. 

justice to all." 1 The following are the chief sources of 
revenue : a tax on polls ; taxes on all property within the 
jurisdiction of the State, not expressly exempted ; 2 incor- 
poration fees ; insurance fees and taxes ; corporation taxes ; 
and other fees. In addition to this revenue from taxation, 
there is an income from the interest on the school fund ; 
from forfeitures ; from escheats and certain fines ; and from 
the earnings of benevolent, reformatory and penal institu- 
tions. 3 The legislature authorizes by law, that on each one 
hundred dollars' worth of taxable property, a certain num- 
ber of cents be raised for specific purposes. This is called 
the State tax levy. 4 The revenue collected for a certain 
fund cannot be diverted to any other fund even for the 
purpose of meeting a deficiency there. The revenue de- 
rived from taxation for general State purposes is applied 
first to the payment of the ordinary expenses of govern- 
ment, then to the payment of interest on the State debt, 
and then to the payment of the principal of the public 
debt. 5 In making appropriations for State institutions, 
the General Assembly is guided largely by the report of a 



1 Report of State Board of Tax Commissioners for 1897, p. 3. 

2 Revised Statutes, 6270-1. The following exemptions are author- 
ized : (1) Property of the United States and of the State; (2) property 
of any county, city, town or township ; (3) lands granted for common 
schools, so long as they remain unsold; (4) personal property and real 
estate of schools; (5) all property and endowments for educational, 
literary, scientific or charitable purposes ; (6) buildings and land (not 
exceeding ten acres) for religious purposes and cemeteries; (Revised 
Statutes, 6273) ; (7) bonds and other interest-bearing debts of the State 
or municipal corporations. Acts 1903, p. 322. 

3 See Art VIII. Sect. 2. 

4 The levy for 1905 is as follows : For general State fund, 12 cents, 
and 50 cents upon each taxable poll ; for the State benevolent institu- 
tion fund, 5 cents ; for the State common school tuition fund, 11 cents 
and 6 mills ; for the State educational institution fund, 2f cents ; total, 
31.35 cents. 

5 See Art. X. Sect. 2. 



THE EXECUTIVE DEPARTMENT. 51 

committee appointed from the members-elect by the 
governor soon after the general election in November. An 
accurate statement of the receipts and expenditures must 
be published with the laws of each regular session of the 
General Assembly. 1 

IH. The Executive Department. 

57. The Executive Department is charged with the 
duty of carrying out the w T ill of the people as expressed 
by the legislative branch. However good and just the 
laws may be, unless they are strictly and impartially en- 
forced they are worse than no laws, for they tend to 
bring all laws into ill repute and disrespect. It is not the 
province of the executive department to inquire into the 
justice or wisdom or constitutionality of a law. If the 
executive were to use his own discretion as to what laws 
he would enforce, the will of the people as expressed by 
the legislature might be wholly annulled. According to 
the Constitution the executive power is vested in a gov- 
ernor. 2 A lieutenant-governor is also provided for. 3 They 
are elected by the people at the general elections. 4 

58. The Governor. — The term of his office is four 
years, 5 and no person is eligible more than four years in a 
period of eight. 6 To be eligible to the office of governor, 
a candidate must be thirty years of age, must have been 
five years a citizen of the United States and also a resi- 
dent of the State for the five years just previous to his 
election, and must not be a member of Congress or office- 
holder under the United States or this State. 6 He is in- 
eligible to any other office during the term for which he 

1 See Art. X. Sect. 4. 2 See Art. V. Sect. 1. 3 See Art. F. Sect. 2. 

4 In case there is no election because of a tie vote, the General As- 
sembly elects. 

5 But a temporary appointment to fill out a term is not reckoned a 
part of that period. See Art. II. Sect. 11. 

6 See Art. V. Sects. 7 and 8. 



52 THE CIVIL GOVERNMENT OF INDIANA. 

is elected. 1 The term begins on the second Monday of 
January of the odd-numbered years (1897, 1901, etc.). 

It is the duty of the governor to take care that all the 
laws be faithfully executed, and he is empowered to call 
out all the military and naval forces of the State to accom- 
plish that purpose. He is commander-in-chief of such 
forces except when they are called into the service of the 
United States. He is required to inform the General As- 
sembly of the condition of the State and to recommend 
such measures as he judges to be necessary and expedient. 
All bills passed by the legislature must be presented to 
him for his approval or disapproval. 2 He may require 
information from the heads of the administrative depart- 
ments. He is empowered to grant reprieves, 3 commuta- 
tions and pardons, 4 after conviction, for all offences except 
treason and cases of impeachment; to suspend execution 
of sentence for treason until the next meeting of the As- 
sembly ; to remit fines and forfeitures ; but he is required 
to report each case of clemency to the General Assembly 
at its next meeting. He has power to fill vacancies in 
State offices ; and to issue writs of election to fill vacancies 
in the General Assembly and in the National House of 
Representatives. He may change the place of meeting of 
the General Assembly if there is danger from disease or a 
common enemy; 5 and may summon it in special sessions. 6 
He appoints the chief officers of the National Guard, 7 and 
a number of officers and members of certain boards ; he 
signs commissions of all military officers and those of all 

1 See Art. V. Sect. %£. 2 See § 54 for the method of law-making. 

3 A reprieve is a suspension of punishment of a convicted and sen- 
tenced person. A commutation is a change of punishment to a milder 
form. A pardon is a remission of the penalty and a forgiving of the 
offence. 

4 The governor may refer all petitions for pardons to the State Board 
of Pardons before rendering his decision upon them. 

5 See Art. V. Sects. 12-20. 6 See Art. IV Sect 9. 
7 See Art XII. Sects. 2 and 8. 



THE EXECUTIVE DEPARTMENT. 53 

judges and of all other officers except local officers ; he 
proclaims the taking effect of all laws ; he signs certificates 
of election of congressmen-elect. He may also remove 
certain officers for incapacity or unfaithfulness. His 
salary is $8000 a year and can neither be increased nor 
diminished during the term for which he is elected. 1 

59. The Lieutenant-Governor. — The lieutenant-gov- 
ernor is elected at the same time, for the same term, and 
with the same qualifications as the governor. 2 He pre- 
sides over the Senate. In the committee of the whole he 
has a right to debate and vote, and when the Senate is 
equally divided he gives the casting vote. 3 In case of the 
removal, death, resignation or inability of the governor, 
the duties of that office devolve upon the lieutenant-gov- 
ernor; 4 and the General Assembly has provided by law 
that in case of the removal from office, death, resignation 
or inability of both governor and lieutenant-governor, the 
president of the Senate shall act as governor until the 
vacancy be filled. If there be no president of the Senate, 
the secretary of State shall convene the Senate for the 
purpose of electing a president thereof. 5 As president of 
the Senate, the lieutenant-governor receives the same com- 
pensation as the speaker of the House, 6 and in addition, 
$1000 annually. When acting as governor he receives the 
governor's salary. 7 

60. Administrative Officers. — Though the Constitu- 
tion vests the executive power in the governor, it author- 
izes the election of other officers who divide with him the 
executive functions. They are not appointed by him, nor 
removable by him ; they are not his subordinates but co- 
ordinate with him. The only control he may exercise 

1 See Art. V. Seel. 22 and Revised Statutes, sect. 5588. 

2 See Art. V. Sects. 2-9. 3 See Art. V. Sect 21. 

4 See Art. V. Sect. 10. 5 See Revised Statutes, sect. 5559. 

6 Eight dollars per day. 7 See Art. V. Sect. 23. 



54 THE CIVIL GOVERNMENT OF INDIANA. 

over them is by virtue of his power to veto laws defining 
their duties. 1 The important powers and duties of the 
governor are defined by the Constitution ; those of the 
State officers, by statutes. The chief of these adminis- 
trative officers — the secretary, the auditor and the treas- 
urer of State, the superintendent of public instruction, 




The Great Seal of the State of Indiana. 

the attorney-general, the State geologist and State statis- 
tician — are chosen at the general elections. 2 The governor, 
secretary, treasurer and attorney-general are required to 
reside and to keep the public records at the seat of gov- 
ernment. 3 Every officer is required to give a bond and to 
take an oath to support the Constitutions of the United 
States and of this State, and faithfully to discharge the 
duties of his office. All State officers, all judges and pros- 
ecuting attorneys are for crime, incapacity, or negligence 
liable to be removed from office either by impeachment by 
the House to be tried by the Senate, or by a joint resolu- 

1 But the governor may arrest and suspend the treasurer of State for 
official misconduct. See Revised Statutes, sect. 5643. 

2 See Art. VI. Sect. 1. 

3 See Art. VI. Sect. 5, and Revised Statutes, sect. 5661. 



THE EXECUTIVE DEPARTMENT. 55 

tion ; two-thirds majority of the members elected to each 
house is necessary in either case for conviction. 1 

61. The Secretary of State is elected for a term of 
two years, and no person is eligible more than four years 
in any period of six. It is his duty to keep and preserve 
important documents, such as the enrolled copy of the 
Constitution of the State ; a description of the State seal ; 
the enrolled acts and joint resolutions of the General 
Assembly, and all books, records, maps and parchments 
deposited in his office ; all official bonds except his own ; 
and a certified copy of the laws of each session. He is 
required to attest the official acts of the governor and affix 
the seal of the State to all public instruments; to lay 
papers relative to acts of the governor before the Assem- 
bly when requested ; and to give information to the gov- 
ernor when required ; to furnish a certified copy of any 
law or public document ; to prepare the acts and resolu- 
tions of the General Assembly, together with an index of 
them for printing; to certify that they are correctly 
printed ; 2 and to supervise their distribution. All corpora- 
tions are required to file with him their articles of incorpo- 
ration. Descriptions of trade-marks and brands must be 
filed with him to entitle any one to their exclusive use. 
The duties of the secretary as to elections are very import- 
ant. 3 His salary is $6500 a year. 

62. The Auditor of State 4 is the official book-keeper 
of the State. His term is two years, and no person is 
eligible more than four years in any period of six. He 
keeps all accounts of the State ; he examines and liqui- 
dates accounts of all collectors of State revenues, and cer- 
tifies the amount to the treasurer of State ; he is required 
to keep clear and distinct accounts of all revenues and 

1 See Art. VI. Sect. 7. 2 See Revised Statutes, sects. 5590-92. 

3 They are more fully described in the chapter on Elections. 

4 See Revised Statutes, sects. 5610-26. 



56 THE CIVIL GOVERNMENT OF INDIANA. 

expenditures, showing the particulars of every expendi- 
ture and disbursement. He is empowered to examine, 
adjust and settle all accounts of public debtors; and to 
examine carefully all claims against the State to see that 
they are just and legal. No money can be paid out of the 
State treasury without his warrant on the treasurer, and 
no money can be received unless accompanied by his 
draft in favor of the treasurer and his certificate specify- 
ing the amount and the fund to which it is to be credited. 
He is required to furnish information concerning his de- 
partment upon the request of the governor. It is his 
duty to report to the General Assembly at its biennial ses- 
sion a complete statement of the revenues, taxable funds, 
resources, incomes and property of the State, and an ex- 
hibit of the public revenues and expenditures of the 
two preceding years with a detailed estimate of expend- 
itures for the two ensuing years, showing also the re- 
sources and means from which the same may be obtained. 
He protects the people against frauds by exacting reports 
from State and savings banks and by causing a rigid ex- 
amination of them. He also requires statements of the 
condition of insurance companies, building and loan asso- 
ciations, loan deposit companies l and bonding and surety 
companies. His salary is $7500 a year. 

63. The Treasurer of State is elected for a term of two 
years and no person is eligible more than four years in a 
period of six. Before entering upon the duties of his office, 
he must execute a bond in the penal sum of $700,000 with 
twenty or more good sureties, that he will faithfully dis- 
charge the duties of his office. It is his duty to receive 
and deposit all money of the State in the treasury of the 
State, and he is expressly prohibited from loaning or using 
it or depositing it elsewhere. He is also prohibited from 
receiving or paying out any money whatever, except upon 

1 See Revised Statutes, sects. 2701, 2702, 2748, 2749, 3420f, 3420bb. 



THE EXECUTIVE DEPARTMENT 57 

the draft or warrant of the auditor. At the end of each 
month, the treasurer, with the auditor, makes out and 
causes to be published a statement of the amount of 
money in the treasury, specifying the amount in each 
particular fund. He is required to publish annually a 
tabular statement, exhibiting the receipts and expend- 
itures for the last fiscal year and specifying the items of 
each account. A similar statement must be laid before 
the General Assembly on the first day of every session. 
He must permit an inspection of the treasury at any time 
by an accountant appointed by the governor or by a com- 
mittee appointed by the General Assembly. 1 His salary 
is $6500 a year. 

64. The Attorney-General 2 is elected for a term of two 
years with no restrictions upon his re-eligibility. It is his 
duty to prosecute or defend all suits by or against the 
State; to represent the State before the supreme court in 
all cases in which the State is or may be interested; 3 to 
defend all suits brought against State officers in their 
official relation, except those brought by the State. He is 
required to give legal advice to the governor, to any other 
State officer, and to either branch of the legislature when 
it desires his opinion as to the constitutionality of any 
proposed law. His salary is $7500 a year. All fees re- 
ceived by him must be turned into the State treasury. 

65. The Superintendent of Public Instruction 4 is 
elected for a term of two years with no limitation upon 
the number of terms. He is charged with the administra- 
tion of the system of public instruction ; a general super- 
intendence of the business relating to the common schools; 



1 See Revised Statutes, sects. 5632-44, and 7339. 

2 See Revised Statutes, sects. 5656, 5659, 5663, 7340. 

3 In a case in which the public, as such, has an interest, it is the 
general practice of the supreme court to request the attorney-general to 
submit a brief on the side of the public. 

4 See Revised Statutes, sects. 4406-10, 4413, 4420, 4477 and 7343. 



58 THE CIVIL GOVERNMENT OF INDIANA. 

and a supervision of the school funds and school revenues. 
He is required to advise school officers concerning the ad- 
ministration and construction of school laws ; to report to 
the General Assembly biennially, giving an exhibit of 
school funds and revenues, of statistics, of his labors, of 
estimates for the following year, and the estimated value 
of school property. It is his duty to visit each county 
once during his term, and examine the auditor's books to 
ascertain the amount and safety of the school funds and 
revenues. He has the power to apportion semi-annually 
the school revenue for tuition to the several counties ac- 
cording to the last enumeration of school children. He 
superintends the purchase of books for township libraries. 
He is ex officio a member of the State board of education 
and of the State library board. He receives a salary of 
$3000 a year and his traveling expenses. 

66. The State Geologist is elected to serve for four 
years. The purposes of this department are to make a 
geological and scientific survey of the State, in order to 
discover, develop and preserve its natural resources ; and 
to collect and disseminate information concerning its agri- 
cultural, mining and manufacturing advantages. He has 
charge also of the museum and the war relics. He is au- 
thorized to appoint an Inspector of Mines for a term of two 
years at a salary of $1800 ; and a Natural Gas Supervisor 
for a term of four years at a salary of $1200. The salary 
of the State geologist is $2500 a year. 

67. The Chief of the Bureau of Statistics is chosen 
for a term of two years. It is his duty to collect, system- 
atize, tabulate and present in annual reports statistical 
information relating to agriculture, manufacturing, min- 
ing, commerce, education, labor, social and sanitary con- 
ditions, vital statistics, marriages, deaths and the prosperity 
of the people. He is required to make a biennial report to 
the legislature. The officers of the bureau have power to 
examine witnesses under oath, to compel their attendance 
and the production of papers. His salary is $2000 a year. 



THE EXECUTIVE DEPARTMENT. 59 

68. Centralization of Government. — One of the inter- 
esting aspects of modern State government is the tendency 
toward centralization of power in the hands of State offi- 
cials. This is indicated in Indiana by the rapid increase, 
especially since 1889, in the number of appointive State 
officers and State boards with extensive administrative 
powers. 1 

One does not need to seek far for the general causes of 
this centralization. The growth of population requires an 
extension of governmental functions and a more careful 
organization of the machinery of administration. It also 
increases the expenditures and the burdens of taxation. 
A more just distribution of such burdens, and a more effi- 
cient administration, can be attained by establishing a 
considerable degree of centralization in the system of taxa- 
tion. Experience has taught the same lesson in the 
administration of the school system. 

The concentration of population in cities, and the com- 
plex industrial system, with its greater division of labor 
and localization of production, have made communities 
more dependent upon one another for the satisfaction of 
their wants. As the facilities of communication and trans- 
portation have been multiplied and perfected, as capitalists 
have acquired interests in various parts of the State, and 
as people have become more conscious of their economic 
interdependence, the evil consequences of disease, cor- 
ruption, disorder and illiteracy are no longer isolated phe- 
nomena, but they affect all parts of the body politic. 
There has gradually unfolded a clearer view of the common 
weal ; a higher State spirit has been aroused ; and a deeper 
feeling of sympathy and a keener sense of duty have 
been disseminated. Hence, there has followed a demand 

1 An extended treatment of this subject will be found in the author's 
" Centralizing Tendencies in the Administration of Indiana." The 
Macmillan Co., N. Y., 1903. 



60 THE CIVIL GOVERNMENT OF INDIANA. 

for State control or State supervision over the administra- 
tion of affairs, which had formerly been wholly neglected, 
or left to the uncertain and inefficient administration of 
local officers. 

The growth of the humanitarian spirit has done much 
to urge us toward this goal. There is a profounder sense 
of duty toward the helpless, the unfortunate and even 
towards the criminal. This has led to the establishment 
of State and local institutions for the care, treatment, 
education, restraint and reformation of these classes which 
has necessitated the expenditure of large sums of money. 
The scientific study of these problems has driven investi- 
gators to the conclusion that the highest social good cannot 
be accomplished in the most economical way without an 
increasing degree of centralization. 

An examination of the administrative history of Indiana 
will demonstrate that this centralization has resulted in a 
more efficient administration, has secured a greater safety of 
funds, has protected more thoroughly the interests of the 
whole people, has ameliorated the condition of the unfor- 
tunate classes, for whose care and education the State is 
responsible, has led to the substitution of the reformatory 
in place of the vindictive principle in the management of 
the penal institutions, and has helped to elevate the social 
and moral tone by diffusing knowledge and culture through 
the agency of the common schools. 

Both theory and experience demonstrate that this 
gravitation towards centralization in administration is in 
harmony with our progressive political ideas, our pecu- 
niary interests and our highest prosperity and happiness. 
This conclusion does not involve a rejection of local self- 
government as unnecessary, or an abandonment of the 
ideals of the Fathers. It does signify, however, that new 
limits must be set to the spheres of local administration 
and central jurisdiction, as the social and economic needs 
may require a readjustment. 



THE EXECUTIVE DEPARTMENT 61 

In the sections following will be found an enumeration 
of these appointive officers 1 and boards, with a brief state- 
ment of their powers. 2 No uniform system of appoint- 
ment to these boards has been adopted. The offices in 
the institutions have frequently been distributed as re- 
wards for party service wdthout regard to merit or compe- 
tency. The people, if not the politicians, will certainly 
encourage the recent policy of entrusting their manage- 
ment to experienced officials without regard to their 
politics. In many of the boards it is required that not 
more than two members can be of the same political 
party. 

69. The Department of Inspection has supervision of 
the enforcement of the laws providing for protecting the 
liberty, safety, and health of laborers. The Chief In- 
spector is appointed by the governor, with the consent of 
the senate, for a term of four years at a salary of $1800. 
He, with the consent of the governor, appoints two depu- 
ties. The Chief Inspector is also charged with the enforce- 
ment of the law providing for the protection of the public 
from fires, the sanitation of food producing establishments, 
and the granting of certificates of authority to boiler 
inspectors. 

TO. The State Librarian is elected by the State library 
board and serves until his successor is elected. He has 
charge of the State library under the management of the 
State board. It is his duty to distribute the House and 
Senate journals, the documentary journals, and the laws 
of Congress received by the State. His salary is $1800 a 
year. 

71. The Commissioner of Fisheries is appointed by 
the governor for a term of two years. It is his duty to 

1 The officers mentioned in section 66 would logically fall within this 
group. 

2 It would prove a valuable study to have the class examine in detail 
the laws and reports relating to one or more of these boards. 



62 THE CIVIL GOVERNMENT OF INDIANA. 

examine lakes, rivers and streams, to see if they can be 
made more productive in the supply of fish, and to ascer- 
tain what means are most expedient for the propagation 
and protection of fish. He is empowered to appoint 
deputies in each county to secure the enforcement of the 
fish laws. His salary is $300 and expenses. 

72. The Superintendent of Public Buildings and 
Property is appointed by the governor. He holds his 
office subject to removal at any time. It is his duty to 
care for the State capitol and grounds and to purchase 
supplies under the order of the board. His salary is 
$1500 a year. The governor appoints a State-house engi- 
neer for a term of four years at a salary of $1500. 

73. The State Entomologist is appointed by the gov- 
ernor for a term of four years, whose duty it is to inspect 
all nurseries at least once each year, and to notify the 
proper authorities of the presence of the San Jose scale or 
of other insects or fungi injurious to trees or plants, and to 
notify the owner of any such affected stock that he must 
take measures to destroy such insects or fungus. 

74. The State Chemist. — The Professor of Agricul- 
tural Chemistry at Purdue University is constituted the 
State Chemist, whose duty it is to inspect and analyze 
fertilizers. 

75. A State Supervisor of Oil Inspection is appointed 
by the governor for a term of four years. It is his duty, 
either in person or through his assistants, to test the 
quality of mineral or petroleum oils offered for sale for 
illuminating purposes, and to prosecute violators of the 
act regulating the sale of such oils. His salary is $2500 
per year. 

76. A State Veterinarian is appointed by the governor 
for a term of four years. His salary is determined by a 
committee composed of the governor, auditor of State and 
treasurer. It is his duty to protect the health of domestic 
animals by investigating and applying the most efficient 



THE EXECUTIVE DEPARTMENT. 63 

and practical means for the prevention, suppression and 
control of contagious or infectious diseases of a malignant 
character. He has power to establish quarantine regula- 
tions. 

77. State Boards.— 1. The State Board of Tax Com- 
missioners (governor, auditor and secretary of State, and two 
persons appointed by the governor) prescribes forms for assess- 
ment, construes tax and revenue laws, sees that assessments (es- 
pecially of corporations) are made according to law and that 
taxes due are collected, enforces penalties for disobedience of 
revenue laws, and determines the amount necessary to be levied 
upon property in the several counties to cover a deficiency in the 
State revenue. At least one member visits each county in the 
State once a year to hear complaints. The most responsible duties 
of this board are to hear and determine appeals from the order or 
assessment of the county board of review; to assess the property 
of railroads, telegraph, telephone, palace-car, sleeping-car and 
express companies and corporations ; and to equalize the assess- 
ment of real estate and personal property in the several counties. 
The salary of the appointed commissioners is $2000 each per annum. 

2. The Railroad Commission l (three members appointed by 
the governor for a term of four years) has power to supervise the 
passenger and freight tariffs of railroads, to prescribe regulations 
to govern car service, to correct abuses and prevent unjust dis- 
crimination and extortion in rates, and to alter any rate or classi- 
fication whenever found to be unjust and discriminative with the 
right of appeal on the part of the railroad to the appellate court. 
The salarv of the members is $4000 each per year. 

3 The Labor Commission 2 (two members appointed for a 
term of four years bv the governor, with the confirmation of the 
Senate, one representing the interests of labor, the other the inter- 
ests of capital) is charged with the duty of mediation in labor 
controversies. If mediation fails, "they shall endeavor to induce 
the parties to submit their differen ces to arbitration." 

i The cornniissionlms^ over business within the State. 

2 When sitting as a board of arbitrators the president of the tribunal 
is the judge of the circuit court of the county in which the controversy 
arises. To these may be added one member named by each party to 
the controversy. 



64 THE CIVIL GOVERNMENT OF INDIANA. 

4. The State Board of Agriculture 1 (sixteen members 
elected by the State board in conjunction with the presidents and 
delegates from county agricultural societies) meets annually for 
" deliberation and consultation as to the wants, prospects and con- 
dition of the agricultural interests throughout the State." It may 
hold annual State fairs. 

5. The State Board of Forestry consists of five members, 
appointed by the governor as follows : One a member of the 
Hardwood Lumber Dealers' Association of Indiana, one a member 
of the Ketail Lumber Dealers' Association of Indiana, one from 
the faculty of Purdue University, one who is actively engaged in 
farming, and one who has special knowledge of the theory and 
art of forest preservation and timber culture. The last-mentioned 
member is the secretary of the board and State forester and super- 
intendent of State forest reserves. It is the duty of the board to 
collect and classify information respecting forests, forest preser- 
vation and timber culture, to recommend plans and methods 
for the same, and to make rules and regulations governing the 
management of forest reservations. 

6. The State Board of Education (governor, superintend- 
ent of public instruction, the presidents of Indiana University, 
Purdue University, and the State Normal School, the superintend- 
ents of the common schools of the three largest cities in the State, 
and three other members appointed by the governor, one of whom 
must be a county superintendent) considers the administration of 
the school system, grants State certificates to teachers, prepares 
questions for county examinations, and selects and adopts the 
series of text-books for use in the schools of the State. They also 
elect five trustees of Indiana University. The same board is con- 
stituted the State library board, which manages and controls the 
State library, purchases new books, and appoints the State libra- 
rian. 

7. The Public Library Commission (composed of three 
members appointed by the governor for a term of four years and 

1 This is, in fact, a self-perpetuating private corporation which re- 
ceives aid from the State. In like manner, the State Horticultural 
Society, the State Dairymen's Association, the State Florists' Associa- 
tion and the Indiana Academy of Science, receive slight assistance from 
the State. 



THE EXECUTIVE DEPARTMENT 65 

the State librarian) has the control and management of the 
travelling libraries. 

8. The State Board of Health is composed of five mem- 
bers ; four appointed by a board of appointment, consisting of the 
governor, secretary and auditor of State ; the fifth, a physician, 
elected by the other four, acts as secretary of the board and is the 
health officer of the State. It supervises the health and life of the 
citizens of the State, makes sanitary investigations, establishes 
quarantines, may regulate the plumbing, drainage and water 
supply of public buildings, and supervises the registration of 
births, deaths and marriages. The board is expected to cooperate 
in the enforcement of the laws prohibiting the pollution of streams 
and the sale of impure oils, drugs and foods. To aid in the enforce- 
ment of such laws, a State laboratory of hygiene is established as 
a department of the State board of health, under the direction of 
a superintendent and a chemist, both appointed by the State board 
of health. 

9. The State Board of Medical Registration and Ex- 
amination (six members appointed by the governor for a term 
of four years) grants certificates entitling the holders thereof to 
licenses to practice medicine in the State, and may revoke such 
licenses. 

10. The State Board of Dental Examiners (five members ; 
one appointed by the governor, one by the State board of health, 
and three by the Indiana State Dental Association for the term of 
two years) grants certificates entitling the holders thereof to 
licenses to practice dentistry in the State. 

11. The State Anatomical Board (composed of the presi- 
dent of the State board of health and one representative from each 
of the medical and dental schools of the State) has charge of the 
distribution among these schools of the dead bodies of persons 
which are not claimed by any relatives or legal representatives, 
and which may be required to be buried at public expense. 

12. The State Board of Registration and Examination 
of Nurses (five members appointed by the governor for a term 
of three years) grants certificates entitling holders thereof to prac- 
tice as trained nurses, and has authority to revoke such licenses. 

13. The State Board of Embalmers (five members ap- 
pointed by the governor for a term of four years) issues licenses 
upon examination to persons desiring to practice the profession of 
embalming. 



66 THE CIVIL GOVERNMENT OF INDIANA, 

14. The Indiana Board of Pharmacy (composed of five 
pharmacists appointed by the governor for a term of four years) 
has power to grant licenses to registered pharmacists and assist- 
ants. 

15. The State Board of Veterinary Medical Examiners 
(four members appointed by the governor for a term of four years) 
grants licenses to persons desiring to practice veterinary medi- 
cine. 

16. The Board of State Charities (six members appointed 
by the governor, who is an ex-officio member and president) investi- 
gates the whole system of public charities and correctional institu- 
tions of the State. It elects a secretary who is the real executive 
officer of the board. Its work has been of inestimable value to the 
State in preventing extravagance and in originating reforms. It 
also appoints a State agent to assist in enforcing the provisions 
of the act (of 1897) authorizing counties to establish orphan 
asylums. 

17. The State Board of Pardons (three members appointed 
by the governor for a term of four years) examines into the merits 
of petitions presented to the governor for pardon, and reports to 
him in writing its conclusions and recommendations in each 
case. 

18. A Board of Control (three members appointed by the 
governor) has charge of the State prison at Michigan City. 

19. A Board of Managers for the State Reformatory 1 
(four members appointed by the governor for the term of four 
years) has the government and control of the penal institution in 
which are confined " the male prisoners found guilty of a felony 
other than treason or murder in the first or second degree and who 
are more than sixteen and less than thirty years of age." 

20. Two Boards of Managers for the Indiana Indus- 
trial School for Girls and the Indiana Women's Prison 2 
(each of three members, who must be women) are appointed by 
the governor. 

21. The Board of Control of the Indiana Reform School 
for Boys 3 (three members appointed by the governor) has charge 
of the school for juvenile offenders. 

1 Located at JefFersonville. 2 Located near Indianapolis. 

3 Located at Plainfield. 



THE EXECUTIVE DEPARTMENT. 67 

22. Eight Boards of Control (each, of three members, ap- 
pointed by the governor) have the management of the five insane 
hospitals, 1 the village for epileptics, the institution for the educa- 
tion of the deaf and dumb, and the institution for the education 

of the blind. 

23. The Board of Trustees for the Indiana School for 
Feeble-minded Youth 3 (three members, one a woman) is 
appointed by the governor. 

24. The Board of Trustees for the Indiana Soldiers' 
and Sailors' Orphans' Home 4 (three members, one a woman— 
the widow, wife or daughter of an honorably discharged Union sol- 
dier) is appointed by the governor. 

25. The Board of Trustees for the State Home for Dis- 
abled and Destitute Soldiers, Sailors or Marines and the 
Wives and Destitute "Widows of such Soldiers, Sailors 
or Marines, 5 is appointed by the governor. The five members 
must be honorably discharged soldiers or sailors of the Union army 
or navy in the war of the Rebellion and not more than three of the 
same political party. 

26. The Board of Trustees of Indiana University is 
composed of eight members ; three elected by the alumni resident 
in the State, and five by the State board of education. 

27. The Board of Trustees of Purdue University (nine 
members) is appointed by the governor, two being nominated by 
the State board of agriculture, one by the State board of horticul- 
ture and six being selected by the governor himself. 

28. The Board of Trustees of the State Normal School 
(four members) is appointed by the governor. 

29. The State Board of Election Commissioners (the gov- 
ernor and two electors appointed by him, one from each of the 
leading political parties) is charged with the preparation and 
distribution of the ballots and pencils for the election of State 
officers. 

1 The hospitals for the insane are located near Indianapolis, Evans- 
ville, Richmond and Logansport. 

2 The institutions for the education of the deaf and dumb and of the 
blind are located at Indianapolis. 

3 Located at Fort Wayne. * Located at Knightstown. 
5 Located near Lafavette.. 



68 THE CIVIL GOVERNMENT OF INDIANA. 

30. The Indiana Voting Machine Commission (three 
members appointed by the governor) has the duty of examining 
voting machines, and reporting upon their accuracy, efficiency 
and capacity before the adoption of such machines. 

31. The Commissioners of Public Printing (governor, sec- 
retary and auditor of State, and reporter of the supreme court), 
have charge of all the public printing and binding authorized by 
law. They appoint a clerk of the bureau of printing, who is an 
expert and has immediate charge of the work. 1 

78. The Militia 2 is an important part of the executive 
department. It consists of all the able-bodied male citi- 
zens between the ages of eighteen and forty-five, except 
those exempted by National or State law. It is divided 
into two classes, the sedentary and the active militia. The 
active militia consists of such citizens as may be enrolled, 
organized and mustered into the service of the State. It 
is styled the " National Guard." The sedentary militia 
consists of all other citizens subject to militia duty. The 
organized force consists of about 2900 men and officers. In 
case of emergency the governor may temporarily increase 
it. All members of the militia are exempt from service 
on jury. Applicants for admission must pass a physical 
examination and take a suitable oath. The governor ap- 
points all staff officers and all others having a rank equal 
to or above the rank of a major. Persons conscientiously 
opposed to bearing arms are exempt from military duty, 
but may be required to pay an equivalent for such exemp- 
tion. Whenever there is any tumult, riot or mob offering 
violence to any person or property, breaking and resisting 
the laws of this State or the laws and authority of the 

1 There are also [in 1905] two temporary boards — the Shiloh Na- 
tional Park Commission and the National Park Commission— charged 
with the duty of ascertaining and marking the positions of Indiana 
troops in the Battle of Shiloh and the Siege of Vicksburg. 

2 See Art XII. 



THE EXECUTIVE DEPARTMENT. 69 

United States or threatening such disorder, the governor 
may order the military authorities to quell the tumult or 
prevent the disorder, upon the request of the mayor, or of 
a court of record sitting in the city or county, or of any 
judge thereof, or of the sheriff, or his deputy. 

79. Notaries Public are appointed by the governor for 
a term of four years. Their jurisdiction is co-extensive 
with the limits of the State. They are empowered to cer- 
tify acknowledgments of deeds or other instruments, to 
administer oaths and to certify affidavits and depositions. 

IV. The Judicial Department. 

80. The Judicial Power of the State is vested by the 
Constitution in a supreme court, circuit courts and in such 
other courts as the General Assembly may establish. 1 In 
accordance with this power the legislature has instituted 
an appellate court for the State at large, and superior and 
criminal courts for certain counties, has authorized mayors' 
courts and police courts for cities, and has recognized the 
superior court of Marion county as a court of claims. The 
courts of the justices of the peace are also established by 
the Constitution. 2 

81. The Supreme Court. — The supreme court is the 
highest court in the State. It has been wisely provided 
by the Constitution that the number of judges cannot be 
indefinitely increased or decreased by the General Assem- 
bly for partisan purposes. There cannot be less than three 
nor more than five. At present their number is five. They 
serve for a term of six years. 3 The State is divided into 
five districts as nearly equal as possible, and one judge is 
elected from each district and must reside therein; but 
each judge is elected by all the voters in the State. 4 Two 
terms of court are held each year at the capital, one begin- 

1 See Art VIL Sect. 1. 2 See Art. VII Sect U. 

3 See Art. VII Sect 2, * See Art. VII Sect 3, 



70 THE CIVIL GOVERNMENT OF INDIANA. 

ning the fourth Monday in May, the other the fourth Mon- 
day in November. At each term the judges choose one of 
their number chief justice, who presides over the court; 
but no judge can serve twice until each of the other judges 
has presided. Three members constitute a quorum. The 
salary of each judge is $6000, and cannot be diminished 
during his term of office. 

82. The Jurisdiction of the Supreme Court 1 is wholly 
appellate, but it is co-extensive with the limits of the State. 
However, the judges individually may preside at the trial 
of any case in any county of their respective districts 
wherein the circuit judge is incompetent to preside. 

The purposes of a trial in the supreme court are to de- 
termine whether a law has received the proper interpreta- 
tion and application by the lower court and to ascertain 
whether a particular law is in harmony with the provi- 
sions of the Constitution and therefore binding upon the 
citizen. The court examines evidence and hears the argu- 
ments of counsel, but no new testimony is admitted and 
there is no jury. The judgment of the court is the opinion 
held by a majority of the judges. It may reverse, modify 
or affirm the decision of the lower court. It is final unless 
the case involves the Constitution or laws of the United 
States ; in such a case an appeal may be taken to some 
United States court. The decisions must be in writing ; 
these are prepared for publication by the reporter of the 
court and become precedents for all similar cases. The 
Reporter of the Supreme Court is elected by the people for a 



1 Jurisdiction is the power conferred by the Constitution upon a judge 
to take cognizance of and decide cases according to law and to carry his 
sentence into execution. A court is said to have original jurisdiction 
when a case is begun in that court. It has appellate jurisdiction when it 
has authority to review or re-try cases in which judgment has been 
given in a lower court. When a court has sole power to try and deter- 
mine a suit, it has exclusive jurisdiction ; when each of two or more 
courts possesses this authority, each has concurrent jurisdiction. 



THE JUDICIAL DEPARTMENT. 71 

term of four years and receives a salary of $5000. A Law 
Librarian, appointed by the judges, has charge of the State 
law library. 

Any judge or prosecuting attorney who shall have been 
convicted of corruption or other high crime may be re- 
moved from office by the supreme court, 1 disfranchised 
and rendered ineligible to office during his lifetime or 
for such shorter period as the court may deem expedient. 

83. The Appellate Court.— In order to relieve the 
supreme court of tha great pressure upon it, an act was 
passed in 1891 creating, for a period of six years, the ap- 
pellate court. By subsequent legislation it has been made 
permanent. The court is composed of six judges, and 
for the hearing and decision of causes it sits in two divi- 
sions—one for each of the two districts of the State. 
Appeals from each district are taken to the division of the 
court, composed of the judges who reside in the district. 
In some instances cases must be decided by the entire 
court. In certain cases the appellate court has exclusive 
jurisdiction of appeals ; in most cases their decisions are 
final, but in certain cases appeals may be taken to the 
supreme court. 1 

The members are elected at large for a term of four 
years. Their salary is $6000 each per year. 

84. Circuit Courts.' 2 — The State has been further di- 
vided for judicial purposes into sixty -two circuits, in each 
of which a judge is elected by the voters of the circuit for 
a term of six years. The judge presides over the court in 
each county of his circuit. The number and length of 
terms vary in the districts, depending upon the amount 
of business requiring adjudication. The circuit courts 
have exclusive original jurisdiction in all cases at law and 

1 It is impossible here to give the technical details. For further 
information, the student is referred to the Acts, 1901, pp. 565-71 ; Actsj 
1903, p. 280-1 ; Acts, 1905, pp. 429, 656. 

2 Art. VII Sects, 8 and 9, 



72 THE CIVIL GOVERNMENT OF INDIANA. 

in equity whatsoever, and in criminal cases and actions 
for divorce, except where exclusive or concurrent jurisdic- 
tion is conferred by law upon justices of the peace. They 
have exclusive jurisdiction of the settlement of decedents' 
estates and of guardianship. 1 They also have jurisdiction 
of all other causes, matters and proceedings where exclu- 
sive jurisdiction is not conferred by law upon some other 
court, board or officer. They have appellate jurisdiction 
of cases originating in city courts, mayors' courts or jus- 
tices' courts and of appeals from the decisions of the 
county commissioners. They have power to make judg- 
ments, sentences and decrees, and to issue all processes and 
to do such other acts as are necessary to carry them into 
effect. Each day's proceedings are drawn up by the clerk, 
read in open court and signed by the judge. The salary 
of a circuit judge is $2500, but in circuits having a city of 
over 30,000 inhabitants, it may be increased by the county 
commissioners, but not more than $1500. The officers of 
the court are the clerk and the sheriff. 2 

85. Prosecuting Attorneys. 3 — A prosecuting attorney 
is elected in each judicial circuit for a term of two years. 
It is his duty to prosecute in the circuit courts all offenders 
against the State laws, and to act as counsel for the coun- 
ties within his circuit, in all suits to which they are parties. 
His annual salary is $500 and fees. 

86. Superior Courts. — In order to relieve the circuit 
courts of the excess of business, superior courts have been 
created in the counties of Allen, Marion, Tippecanoe, Van- 
derburgh, Vigo, Madison, Grant, and How T ard, and in the 
district composed of the counties of Lake, Porter and La 
Porte. The voters of the respective counties and district 
elect one judge for each court, except for that of Marion 
county, in which three judges are elected. The term of 

1 Except in counties where such jurisdiction is conferred upon crim- 
inal or superior courts. 

2 See §§ 98 and 102. 3 See Art. VII. Sect. 11. 



THE JUDICIAL DEPARTMENT. 73 

the judges is four years and their salaries range from 
$2500 to $4000. These courts do not all have the same 
jurisdiction. In general, it may be said that they have 
original and concurrent jurisdiction with the circuit courts 
in most civil causes. They have also concurrent juris- 
diction with the circuit court in appeals from lower 
courts. The superior court of the district mentioned has 
also original and concurrent jurisdiction with the circuit 
courts in all criminal actions for misdemeanors. 

87. The Court of Claims. — A State cannot be made a 
defendant in a suit except with its own consent. Indiana 
has recognized the Marion County superior court as a court 
of claims to decide cases in which persons make a money 
demand against the State. It is the duty of the attorney- 
general to defend the State in such cases. Either party 
may appeal to the supreme court. No execution is issued 
in case a person is adjudged a sum of money. He must 
depend upon the General Assembly for an appropriation 
to satisfy his claim. In case the next ensuing session of 
the legislature does not appropriate money to discharge 
the debt, the judgment draws six per cent, interest until 
paid. 

88. Criminal Courts. — In the counties of Marion, Al- 
len and Vigo, criminal courts have been created. In each 
case they consist of one judge elected by the legal voters for 
a term of four years. These courts have original exclusive 
jurisdiction of all crimes and misdemeanors except where 
jurisdiction is by law conferred upon justices of the peace, 
and such appellate jurisdiction in criminal cases as the 
circuit courts of those counties exercised before the cre- 
ation of the criminal courts. The salary of the judge of 
Marion county is $3200, of each of the others $2500. 

89. Juvenile Courts. — In any county containing a city 
with a population of 100,000 inhabitants, there is estab- 
lished a special ciourt known as the juvenile court, which 
has jurisdiction in all cases relating to children, 1 except 

1 Boys under 16 and girls under 17 years of age. 



74 THE CIVIL GOVERNMENT OF INDIANA. 

probate cases. The judge of the court is elected for a term 
of four years and receives a salary of $2500. 

The judge has a wider discretion than the judges of 
other courts. He has authority to withhold judgment ; com- 
mit the offender to a volunteer probation officer, who is to 
exercise supervision over it ; order the child placed in the 
family of a suitable person or in an institution for depend- 
ent children ; impose a fine ; require, in certain cases, the 
repair of the damage or the payment for, or restoration of 
stolen goods ; or commit to the Indiana Boys' School or 
the Industrial School for Girls. The purpose of such a 
court is to keep juvenile offenders from the contaminating 
influences of confirmed and hardened criminals. 

90. Minor Courts. — In each township in the State, one 
or more justices of the peace are elected who have juris- 
diction in civil cases where the amount at issue is small, 
and in criminal cases where misdemeanors are charged. 
In most of the cities are mayors' courts and police courts 
which try and punish petty offenders. 

91. Officers of the Courts. — Each of the courts, except 
that of the justice, has a clerk and sheriff. The clerks 
administer oaths, sign processes and keep the records and 
papers of the court. The clerk of the supreme court acts 
as clerk for the appellate court. He is elected at the gen- 
eral election for a term of four years at a salary of $5000. 
The clerks and sheriffs of the circuit courts serve for the 
superior and criminal courts. It is the duty of the sher- 
iffs to execute all orders and processes of their respective 
courts. The sheriff of the supreme court is appointed by 
the judges for a term of two years. He also serves for the 
appellate court. 



CHAPTER III. 

COUNTY AND TOWNSHIP GOVERNMENT. 

OO^OO 

The County. 

92. Local Government is that portion of govern- 
mental control by which local affairs are regulated by- 
local officers acting under local laws and statutes of the 
State government. Each community has special wants 
of which its residents are most competent to judge. The 
instinct of the Anglo-Saxon race has favored leaving the 
management of local affairs to local officers. 1 However, 
if this principle should be carried to an extreme, it would 
result in the splitting up of the State into numerous small 
sovereignties without influence or power to accomplish 
great enterprises or to protect themselves against foreign 
aggression. In some respects the interests of each com- 
munity cannot be separated from the interests of the 
State as a whole. The happiest solution of this question 
is that division of authority whereby the central govern- 
ment, under constitutional restrictions, enacts general laws 
uniform in their application which control and direct all 
executive officers, but whereby the greater part of the 

1 The English colonists brought with them to America ideas of local 
self-government which they adapted to their peculiar needs. In New 
England, where the settlements were compact, the system was adopted 
in which the town or township was the unit. In the South, where the 
people lived far apart on large plantations, the county system prevailed. 
In the Middle States there was instituted a mixed system in which the 
management of local affairs was divided between the township and the 
county. In Indiana the mixed system exists. 

75 



76 THE CIVIL GOVERNMENT OF INDIANA. 

executive work is performed by local officers selected en- 
tirely by the people of the locality. Although the Con- 
stitution says that "the executive powers of the State 
shall be vested in a governor," neither the governor nor 
the State officers united can reach out the executive arm 
into all parts of the State to control the execution of all 
the State laws. They have little discretionary power; 
they are not free to follow the bent of their own wills ; for 
their official conduct is marked out with minuteness by 
statute. Much of the administrative power of the State is 
diffused throughout nearly a hundred counties and thou- 
sands of officers. The central authorities have complete 
control over few of these officials and little more than an 
advisory superintendence over others ; and they can con- 
trol most of them only by the enforcement of general laws 
in the courts of the State. 1 

93. The County. — The officers of a county serve, then, 
in two capacities : as the agents of the State in the admin- 
istration of State laws ; 2 and as the agents of the people of 
the county in the performance of those services which 
concern the county and its inhabitants as distinct from 
the rest of the State. Their work is chiefly administra- 
tive and judicial, but the commissioners may within lim- 
itations legislate on certain subjects in the application of 
general .laws to the county. The number, boundaries 
and offices of the counties have been determined by the 
State and may be modified or abolished by changing the 
laws or Constitution of the State. The number of coun- 
ties since 1859 has been ninety-two. New counties may 
be formed out of existing counties ; but no county may 



1 The growth of this central authority has been indicated in previous 
sections (68-77). 

2 See Art. VI. Sect. 2. 



THE COUNTY. 77 

be reduced to an area less than four hundred square miles, 
nor may any county under that area be further reduced. 1 

94. The County Seat is the place where the court- 
house, the jail and other public buildings of the county 
are located. It is generally near the centre of the county. 
It can be changed from one place to another only upon a 
vote of the electors of the county. 

95. The County Officers are either elected or ap- 
pointed. The commissioners, the members of the county 
council, the clerk of the circuit court, the auditor, the 
recorder, the treasurer, the sheriff, the coroner, the sur- 
veyor and the assessor are elected at the general elections 
by the voters of each county. The county superintend- 
ent of schools is chosen by the township trustees ; jury 
commissioners, master commissioners and the probate 
commissioners are appointed by the judge of the circuit 
court; the superintendent of the county asylum and the 
county physicians are appointed by the county commis- 
sioners. All county officers must be electors and inhabi- 
tants of their respective counties. 2 There is no uniform 
date for the beginning of the terms of many of the county 
offices. It varies for different offices in the same county 
and often for the same office in different counties. Vacan- 
cies in the elective offices, except that of county superin- 
tendent, are filled by appointment made by the commis- 
sioners. Vacancies in the appointive offices are filled by 
the original appointing power. Officers may be removed 
upon conviction by a jury for offenses against the laws of 
the State. The salaries of the county offices are graded in 
proportion to population and service. 3 

96. The Commissioners. 4 — In the western States, where 

1 See Art. XV. Sect. 7. 2 See Art. VI. Sect. 4. 

3 All fees received by county officers, except those received by the 
coroner, the surveyor, and by the treasurer for the collection of delin- 
quent taxes, must be paid in to the county. 

4 They are frequently referred to as the county board. 



78 THE CIVIL GOVERNMENT OF INDIANA. 

the mixed system of local government prevails, it may- 
take one of two forms : in one, the township element is 
predominant ; in the other, the county organization pre- 
vails. In the former, the unit is the township and the 
county is composed of several units and is managed by 
representatives from those units ; in the latter, the county 
is the unit and its management is in the hands of com- 
missioners elected by the whole county. In Indiana each 
county is divided into three districts, and from the resi- 
dents of each district a commissioner is elected by the 
voters of the whole county for a term of three years, 
two being chosen at each election. The time for the reg- 
ular sessions 1 of the board of commissioners is the first 
Monday of each month. 

" In legal contemplation the board of commissioners is the 
county." 2 The commissioners are the most important ad- 
ministrative officers of the county ; they have, also, judicial 
and legislative authority. They authorize the erection of 
public buildings and have full control over all county prop- 
erty. They let contracts for supplies for county officers 
and hear claims and allow accounts against the county 
not otherwise provided for. They have power to audit 
the accounts of all officers having charge of county 
money; to remove the county treasurer w T hen suit is 
brought against him on his official bond ; to audit the 
warrants of township trustees ; to exact from them com- 
plete reports of receipts and expenditures, and to inspect 
their accounts of the school funds; to examine the records 
and fee books of county officers who receive fees for ser- 
vices; to approve official bonds of county officers; and 
are required to publish annually a statement of the re- 
ceipts and expenditures. They may exempt the poor 
from the payment of poll taxes ; refund taxes wrongfully 

1 The sessions must be held with open doors, and continue as long as 
the necessary business requires. 

2 State, ex rel., vs. Clark, 4 Indiana, 316. 



THE COUNTY. 79 

paid; and pay certain bounties. They have important 
duties in connection with elections. 1 They grant licenses 
to owners of ferries and to vendors of liquors. They con- 
stitute the county board of health and appoint the health 
officer for the county ; they may also appoint inspectors 
of food products. They divide the county into townships 
and councilmanic districts. They serve as a board of turn- 
pike directors and have the management of all free tarn- 
pikes ; they have power to control the location, construc- 
tion and repair of all highways except in towns and 
cities; to change and straighten water-courses and to 
repair navigable canals. They may furnish relief to the 
poor, establish county hospitals and asylums for orphans 
and the indigent, 2 and provide for the confinement of crimi- 
nals. These are the most important of their extensive 
powers. The compensation of the commissioners of each 
county is specified by law. It ranges from $100 to $2200 
per annum. 

97. A County Council consisting of seven members — 
four elected from councilmanic districts and three elected 
at large — is established in each county. No person can 
hold the office of councilman who holds any State, county, 
township or municipal office, or who is not a voter and 
resident freeholder of the county. The term of office is 
four years. The county council is required to hold an 
annual meeting in September, and special meetings may 
be called by the auditor, who is the clerk of the council. 
The sheriff or his deputy is its executive officer. The 
council has power to expel its own members for violations 
of official duties and to declare the seat of any member 
vacant by reason of his disability or neglect to perform the 
duties of the office. The power to authorize the borrowing 
of money, the power to fix the rate of taxation for county 

1 See Chapter V. 

2 And in counties having 150,000 inhabitants an asylum for the in- 
curable insane. 



80 THE CIVIL GOVERNMENT OF INDIANA. 

purposes and for all purposes where the rate not fixed by 
law is required to be uniform throughout the county, and 
the power to make appropriations of money to be paid out 
of the county treasury are vested exclusively in the county 
council. All county officers and township assessors are 
required to prepare itemized estimates of the amount of 
money necessary to meet the county expenses for the en- 
suing year. These estimates must be presented to the 
county auditor early in August. He is required to keep 
them on file subject to inspection and to give notice by 
publication of the aggregate amount of each itemized 
estimate. At the regular annual meeting of the council 
the auditor must present the estimates to that body and 
may make such recommendations with reference to them 
as he may deem proper. It is also his duty to prepare the 
ordinances fixing the rate of taxation and making appro- 
priations. The council may adopt or amend them or sub- 
stitute other ordinances for them. But it requires a three- 
fourths vote of the council to make an appropriation for 
an item not contained in any estimate or for a greater 
amount than that contained in any item of an estimate. 
The auditor is prohibited from permitting any item of an 
appropriation to be overdrawn; any unexpended appro- 
priations at the end of the year revert to the general fund, 
if so ordered by the council. No county officer can bind 
the county by any contract or agreement beyond the 
amount of money appropriated for a particular purpose. 
In purchasing materials and supplies for the county the 
commissioners are required to prepare full and definite 
specifications of them, to advertise for bids thereon by 
publication in the newspapers, and to award the contracts 
to the lowest bidders. The salary of a councilman is not 
less than ten dollars nor more than twenty dollars per 
annum. 

98. The Clerk of the Circuit Court is elected for a 
term of four years, and no person is eligible more than 



THE COUNTY. 81 

eight years in any period of twelve. It is his duty to 
make an entry in the docket of every suit brought; to 
attend the sessions of the circuit court in his county ; to 
administer oaths, and to enter in the proper record books 
all orders, judgments and decrees of the court. He re- 
ceives and files certificates as to the standing of insurance 
companies. He has charge of probate matters and the 
settlement of estates. He issues marriage licenses and re- 
ports their number to the county health officer ; he issues, 
also, licenses to practice medicine and dentistry. In ex- 
aminations as to sanity, he keeps record of the proceedings, 
makes application for admission to the asylum, and sees 
that the necessary clothing is furnished the inmate. He 
is charged with important duties in connection with elec- 
tions. The annual salary of the clerk varies from $1000 
to $19,500. 

99. The Auditor is elected for a term of four years, 
and no person is eligible more than eight years in twelve. 
He is the chief business agent of the county. He acts as 
the secretary of the board of commissioners. It is his 
duty to examine and settle accounts and demands against 
the county ; to issue orders on the county treasurer for the 
payment of such claims ; and to keep a complete record 
of all accounts. He is charged with the loaning of the 
school fund and is authorized to bring suit against any 
borrower who fails to pay the interest or principal when 
due. He attends to the sale of university lands. In 
taking the enumeration of school children, he receives 
the reports of the township trustees, corrects mistakes and 
reports to the auditor of State. He apportions the school 
revenue, to which his county is entitled, to the several 
townships, towns and cities. It is his duty to make out 
from the reports of assessors an aggregate assessment of 
all taxable real and personal property in the county. 
When the rate of the tax levy is certified to him, he cal- 
culates the amount of the State, county, school, township, 
6— Ind 



82 THE CIVIL GOVERNMENT OF INDIANA. 

road, poll and all other taxes chargeable to each person, 
and makes and delivers a duplicate of this tax list to the 
treasurer. He is a member of the county board of review. 
He grants permits for keeping warehouses, keeps a set of 
standard weights and measures, and tests and seals the 
weights and measures 1 of those who desire to have them 
authenticated. The annual salary ranges from $1100 to 
$17,500. 

100. The Treasurer is elected for a term of two years, 
and no person is eligible more than four years in any 
period of six. He must give bond with at least four free- 
hold securities, in amount double the sum of money he 
may have at any time. He may be removed by the 
board of commissioners. Upon receipt of the tax dupli- 
cate he gives notice of the amount of tax assessed upon 
each $100 for each purpose and upon each poll. It is 
his duty to receive and receipt for all moneys coming 
to the county ; to disburse the same on the proper order 
of the auditor ; to keep his accounts so as to show dis- 
tinctly the amount in each separate fund; to keep his 
books open to inspection by the county commissioners ; 
to exhibit the money in his office at least once in each 
year ; to make a complete statement annually ; and to 
make payment to the State treasurer of the State taxes 
collected by him, and to the township trustee of the reve- 
nue due to the township. He is authorized to collect 
delinquent taxes and may seize and sell personal prop- 
erty to pay such taxes. He is a member of the county 
board of review. In any county having as a county seat 
a city of the first, second or third class, the county treas- 
urer acts as city treasurer. 2 The annual salary varies from 
$800 to $11,000, with an additional sum of six per cent, on 
all delinquent taxes collected. 3 

1 This feature is practically obsolete. 

2 See§§ 132,137 (5). 

3 The treasurer of Marion County receives for his services as city 
treasurer $8500, with five per cent, on all delinquent taxes collected. His 
total fixed salary is 519,500. 



THE COUNTY, 83 

101. The Recorder is elected for a term of four years, 
and no person is eligible more than eight years out of 
twelve. In every community there are many contracts 
and other legal instruments, the proof of which ought 
not to depend upon any oral statement or even upon a 
written statement in the hands of the interested parties. 
The public has an interest in knowing, and is entitled to 
a knowledge of, the facts. For these reasons an office is 
created and maintained at public expense in which im- 
portant documents may be recorded and to which all 
have access. The following is a partial list of the instru- 
ments which this officer is bound to record : deeds for 
the conveyance of land ; leases for a longer period than 
three years ; mortgages and satisfactions of mortgages ; 
notices of liens; assignments; certificates of incorpora- 
tion ; articles of association ; maps and plats of the boun- 
daries of the county and of the townships and cities within 
the county ; articles of apprenticeship ; certificates of 
dentists : descriptions of fence-marks and of ear-marks and 
brands of live stock. In order that these facts may be 
readily ascertained by any one, he is required to keep 
complete indexes of all records. To preserve an histor- 
ical record of the life and events of the county a file of 
the county newspapers is kept in his office. The annual 
salary ranges from $700 to $12,500, and thirty per cent, of 
the fees in excess of the fixed salary. 

102. The Sheriff is elected for a term of two years, and 
no person is eligible more than four years in a period of 
six. The office of sheriff had its origin in England many 
centuries ago, when that country was divided into shires. 
The reeve w T as an official of great importance who called 
the people together in the shire-moot or meeting, pre- 
sided over its sessions and executed its decrees ; w r hence 
came the name shire-reeve or sheriff. The office has been 
shorn of many of its duties and much of its dignity ; but 
it is yet the chief executive office of the county and of the 



84 THE CIVIL GOVERNMENT OF INDIANA. 

courts. The sheriff is a conservator of the peace within 
the county. It is his duty to arrest with or without a war- 
rant persons committing crime or misdemeanor within his 
view ; and to suppress all breaches of the peace wdthin his 
knowledge — having authority to call to his aid the posse 
comitatus, or the power of the county. 1 If this force is 
not sufficient, he may call upon the governor of the State. 
If the militia of the State cannot put down the disorder, 
the governor may call upon the President of the United 
States, whose duty it is to employ the national forces to 
suppress insurrection. The sheriff is also required to pur- 
sue and commit to jail all felons, and for this purpose he 
may go into any county in the State. He is charged with 
the keeping of the jail and the care of the prisoners 2 and 
must protect them from mob violence. He attends and pre- 
serves order in the circuit, criminal and superior courts ; 
he serves all processes issued to him by these courts, 
either in person or by deputy, and executes all decrees ; 
he transfers all prisoners under death sentence to the State 
prison for execution. 3 He acts as deputy to the sheriff of 
the supreme court. He performs certain duties in relation 
to elections. The annual salary attached to the office 
varies from $1000 to $13,000. 

103. The Coroner is elected for a term of two years, 
with no restriction on his re-eligibility. This office is 
also very old, and was created as a sort of check upon the 
power of the sheriff. 4 The coroner held court in the name 



1 Whoever without valid excuse refuses or neglects to assist any sheriff 
or any other conservator of the peace in the execution of his office or 
in the service of any process is liable to be fined not more than $100 
nor less than $5. See Revised Statutes, sect. 2041. 

2 In counties containing a population of 50,000 or more, the sheriff 
appoints a prison matron to take charge of all female prisoners and all 
children under fourteen under arrest. 

3 Prior to 1889 it was the duty of the sheriff to inflict the death pen- 
alty when judgment had been pronounced. 

4 Coroner is derived from coronarius, the representative of the corona, 
or crown. 



THE COUNTY, 85 

of the king. Only a remnant of his great power and honor 
remains : when necessary he serves writs commanding the 
arrest of the sheriff, and in case of a vacancy in the office, 
ur in case the sheriff is interested, absent, or otherwise 
incapacitated, he acts as sheriff. The principal duty of the 
coroner is to hold an inquest or examination upon the 
body of any person supposed to have come to his death 
by violence or casualty. He has power to summon wit- 
nesses to ascertain all the facts, and renders his verdict in 
writing. If he finds that a crime has been committed, he 
may issue a writ commanding a constable to arrest the 
person accused of the crime, and to take him before a jus- 
tice of the peace. The justice may commit the accused 
person to jail to await trial by the circuit court. For com- 
pensation the coroner receives the fees of his office. 1 

104. The County Assessor is elected for a term of four 
years, and no person is eligible more than eight years in a 
period of twelve. He must be a resident freeholder and 
householder of the county for at least four years prior to 
his election. It is his duty to examine the books of the 
township assessors and to assess and enter the true valua- 
tion of all property omitted by them. He also advises 
and instructs them as to their duties, and visits each 
assessor in April or May. He is a member of the county 
board of review. An annual meeting of all the county 
assessors of the State is held under the direction of the 
State Board of Tax Commissioners. The compensation 
varies from $500 to $1900. 

105. The Surveyor is elected for a term of two years, 
and is re-eligible without restriction. The purpose of this 
office is to secure accuracy in the survey of lands and 
efficiency in the construction of roads and drains. He 
has charge of the maps, books, charts and papers belong- 

1 In Marion county he receives a salary of $3000 and no fees. 

H 



86 THE CIVIL GOVERNMENT OF INDIANA. 

ing to his office. Whenever an owner of land after due 
notice requests another survey of his land the surveyor 
is required to make it and to re-locate and perpetuate the 
corners of it and to preserve the record of his survey. 
He is ex officio a drainage commissioner; he makes the 
necessary surveys for drains ; oversees their construction ; 
and superintends their repair. His compensation is four 
dollars per day for the time actually engaged. 1 

106. The County Superintendent is elected by the 
township trustees 2 for a term of four years, subject to dis- 
missal for cause by the board of commissioners. No person 
is eligible to this office unless he holds at the time of his 
election a thirty-six-months' license, a sixty-months' license, 
a life license or a professional license to teach in the public 
schools. There is no restriction upon his re-eligibility. He 
has general supervision of the schools of the county except 
the city schools. It is his duty to grant teachers' licenses 
to all applicants when their fitness has been ascertained 
by examination. He may revoke such licenses for causes 
specified in the statute. He is required to visit each school 
annually ; to encourage and attend teachers' institutes ; to 
render opinions in controversies arising under the school 
law; to make annual reports to the State superintend- 
ent and to the bureau of statistics embodying the 
enumeration of children of school age and statistical in- 
formation relative to the school fund, the condition of 
school property, and to the general progress of education. 
He acts as the medium of communication between the 
State superintendent and subordinate school officers. It 
is his duty to make requisition for the text-books needed 
in the county and to see that a sufficient number are on 
hand. He is authorized to inspect the books of county 

1 The surveyor of Marion County receives a stated salary of $2400. 

2 In case of a tie, the deciding vote is cast by the county auditor, who 
acts as clerk. 



THE COUNTY. 87 

officers having the care of the county school funds and 
may institute suit to recover moneys due to the school fund. 
He is a member of the board which appoints the truant 
officers of the county. 1 His compensation is four dollars 
and fifty cents for every day actually employed in the dis- 
charge of his duties. 

107. Two Jury Commissioners for each county are ap- 
pointed by the judge of the circuit court to serve for one 
year. They must be freeholders and voters of the county 
and of opposite political faith. From the names of the 
legal voters and citizens of the United States on the tax- 
duplicate of the county they select and deposit in a box 
the names, written on separate slips of paper of uniform 
color and size, of twice as many persons as will be required 
by law for grand and petit jurors for the ensuing year. 
They are required to exclude the name of any person who 
has acted within one year as a juror, who is not either 
a freeholder or householder of the county, or who is in- 
terested in a case or has one pending which may be tried 
by a jury chosen from these names. The box is locked 
and delivered to the clerk and the key held by the com- 
missioner who differs from the clerk in politics. Within 
the week preceding the commencement of any criminal or 
circuit court the clerk shakes the box and in the presence 
of the commissioner draws the names of six persons, who 
are summoned as the grand jury ; he also draws the names 
of twelve other persons, who constitute the petit jury. 2 

No person may be appointed a jury commissioner who is 
a party to or is interested in a suit pending. Any one ap- 
pointed to this office who fails to accept it or to perform 
its duties, is guilty of contempt of court and may be pun- 
ished by a fine of any sum from $5 to $100. The pay of 
each commissioner is three dollars per day for the time 
actually employed. 

1 See Chapter VI., on Education. 

2 After a petit jury has served four weeks the court may discharge it 
and direct the clerk to draw a new jury. 



88 THE CIVIL GOVERNMENT OF INDIANA. 

Jurors are paid two dollars per day while in actual at- 
tendance and five cents for each mile traveled. 

108. A Probate Commissioner may be appointed by 
the judge of the circuit court, in any county having a 
voting population of 10,000, whenever the probate business 
of the court requires it. He has jurisdiction of the proof 
of wills, of guardianships and of the settlement of estates. 
He has power to administer oaths, take acknowledgments 
and do all other acts legally pertaining to the duties of his 
;>ffice. His salary is fixed by the judge, and he serves for 
a term of four years. 

109. Master Commissioners, at least one for each 
county, are appointed by the judge of the circuit court. 
They have power to administer oaths, take depositions, 
and to sell real estate when the court orders a sale to be 
made. 

110. A Short-hand Reporter shall be appointed by 
the judge of any circuit, criminal or superior court to 
prepare a complete record of the evidence and proceed- 
ings of any trial. 

111. The Board of County Charities and Correc- 
tions. — In each county the judge of the circuit court 
may and, upon the petition of fifteen reputable citizens, 
is required to appoint six persons, not more than three of 
whom can be of the same political party and at least one 
of whom must be a woman, who constitute the Board of 
County Charities and Corrections to serve without com- 
pensation. It is their duty, at least once in each quarter, 
to visit and inspect all charitable and correctional institu- 
tions of the county which receive public support; and to 
report to the county commissioners, to the judge of the 
circuit court and to the Board of State Charities. 

112. Boards of Children's Guardians. — In each county 
there may be appointed by the circuit court a board of 
children's guardians, composed of six persons. It has 
the care and supervision of neglected and dependent 



THE TOWNSHIP. 89 

children, and with the approval of the court may commit 
such children to orphan asylums, or indenture them as 
apprentices without the consent of the parents. The 
county commissioners may provide and maintain a suit- 
able house for the accommodation of the children placed 
under the control of the Board of Children's Guardians. 
The board is required to report to the Board of State Char- 
ities. The members serve without compensation. 

113. The Superintendent of the County Asylum is 
elected by the county commissioners for a term of two 
years. Every county is required to care for the poor and 
indigent lawfully settled in it. When a county may deem 
it advisable an asylum for the poor may be established. 
It is the duty of the superintendent to receive those who 
may become public charges, employ and support them. 
He reports semi-annually to the county board the time 
and manner of the admission of paupers, their health, 
ability to labor, the results of their labor and the expenses 
incurred. 

114. The County Physician. — The board of commis- 
sioners may contract with one or more physicians to attend 
upon prisoners confined in the jail or paupers in the asy- 
lum, or to attend upon the poor generally in the county. 

115. The County Board of Review is composed of 
the auditor, treasurer and assessor of the county and two 
freeholders appointed by the circuit judge. Their duty is 
to review the assessments and equalize the valuation of 
all real and personal property in the county for the pur- 
pose of making the burdens of taxation equal throughout 
the county. 

The Township. 

116. The Origin of the Township is remote. It may be 
traced back to our Anglo-Saxon ancestors, while they still 
lived on the Continent. Several families there grouped 



90 THE CIVIL GOVERNMENT OF INDIANA. 

themselves about a spring or in some other favorable loca- 
tion. To protect themselves against enemies they con- 
structed a fence or hedge called a tun: they gave the 
name tun-scipe or township to the village and the sur- 
rounding country containing their fields and pastures. 
'This, the simplest of our governmental institutions, is 
the oldest. But in the newer States the State govern- 
ment was first established, and it has the power to create 
or change these civil subdivisions. The county commis- 
sioners are authorized to divide the county into as many 
civil townships as the convenience of the citizens may de- 
mand. They are required to conform the boundaries of 
such townships to those of congressional townships as 
nearly as practicable. 1 Each civil township is a body 
politic and corporate and may make contracts, sue and 
be sued. 

117. The Township Officers 2 are a township trustee, 
three members of the advisory board, an assessor, one or 
more justices of the peace, an equal number of constables, 
a supervisor for each road district and a director for each 
school district. The supervisors are elected biennially by 
the voters of the road district; the school directors are 
elected annually by the voters of the districts. All other 
officers are elected at the general elections, and take pos- 
session of their offices ten days thereafter, each for a period 
of four years. 

118. The Township Advisory Board consists of three 
resident freeholders and qualified voters of the township 
elected for a term of four years. The board holds an an- 
nual meeting in September, when the trustee is required 
to attend and submit a detailed and itemized estimate of 

1 A congressional township consists of a tract of land six miles square. 
It was created by the government survey ; it has no political life ; it was 
devised to make it easy to identify the location and description of lands. 

2 See Art. VI Sect. 3 and Art. VII. Sect. 14. 



THE TOWNSHIP. 91 

all expenditures for which appropriations are asked for 
the ensuing year. It is the duty of the board to consider 
the proposed estimates and to concur in them or reject 
them in whole or in part. No debt, not embraced in the 
annual estimate and allowed, can be created without the 
authority of the advisory board. In January the trustee 
is required to make an annual settlement with the board 
and present a complete report of all the receipts and ex- 
penditures of his office during the past year. The board 
has power to borrow money and to fix the rates of taxa- 
tion for township purposes and must certify them to the 
county auditor. Any taxpayer has the right to appear at 
any session of the board and be heard as to the advisa- 
bility of any estimate, levy, or the approval of the trustee's 
report. 

119. The Township Trustee is the most important 
officer of the township, and no person is eligible more 
than four years in eight. He has quasi-judicial power in 
the auditing of the accounts of the supervisor and the ex- 
amination and settlement of all other accounts against the 
township. But it is in his executive or administrative 
capacity that he exercises his chief authority. His powers 
may be considered under five subdivisions: financial 
affairs, roads, elections, the poor and schools. 

(1.) Financial Affairs.— The trustee superintends the pe- 
cuniary concerns of the township. The county treasurer 
collects the amounts levied by the advisory board and 
upon the warrant of the auditor pays to each trustee all 
the money belonging to his township. The trustee exam- 
ines and settles all claims against the township and keeps 
accounts so as to show the receipts and expenditures of 
each fund and of the whole revenue. He must register 
and number the township orders or warrants, showing 
the fund on which each is drawn, the number, date and 
amount of the warrant, to whom issued, for what purpose 
and when redeemable ; and also a complete statement of 



92 THE CIVIL GOVERNMENT OF INDIANA. 

all outstanding indebtedness of the township. His records 
and books must always be open for inspection. The an- 
nual report which he submits to the advisory board is 
held by the chairman subject to inspection by any tax- 
payer. When final settlement is made the trustee is 
required within ten days to file a copy of his report, 
with vouchers, in the office of the county auditor, and 
within four weeks from the time of filing he must publish 
it in newspapers of the county. 

(2.) Roads. — The trustee is authorized to re-divide his 
township into road districts upon the proper petition. He 
is also fence-viewer, and is required to see that drains are 
repaired and kept open. 

(3.) Elections. — It is his duty every six years to make 
an enumeration of all the male inhabitants over twenty- 
one years of age within his township. The list of the 
names and ages of all such inhabitants is filed in the 
auditor's office. 1 The apportionment of senators and rep- 
resentatives is based upon this information. The trustees 
are inspectors of elections in their precincts and are author- 
ized to appoint the election judges. 2 

(4.) The Poor. — The township trustee is " overseer of the 
poor " within his township and when discharging such 
duties he is so designated. The importance of having 
honesty and efficiency in the administration of this office 
is just being appreciated. In 1896 there w T ere in Indiana 
more than 71,400 persons who received out-door relief 
from the trustees ; and the amount of money distributed 

1 Mistakes are corrected by the auditor, who certifies to the auditor 
of State the aggregate number in the county. The auditor of State 
certifies a tabular statement of the number in each township and county 
and the total number in the State. He publishes the same and submits 
it to the General Assembly at its next session. 

2 Their responsible duties in this connection are more fully described 
in Chapter V., on Elections. 



THE TOWNSHIP. 93 

aggregated $355,255. x It is his duty to inquire into any 
complaint and to see that the poor are not ill-treated and are 
sufficiently provided for by those having them in charge. 
He must keep a list of those who are not able to care for 
themselves and who are likely to be entitled to aid. He 
is required to pay the expenses of the burial of ex-Union 
soldiers and soldiers of the Spanish-American War, in 
some other place than the pauper cemetery, when suffi- 
cient means are not left by the deceased. Every over- 
seer and every one administering relief from the public 
funds to the poor, sick and needy, not inmates of any in- 
stitution, must keep a record of the full name, age, sex and 
nationality of every person receiving aid, with the date and 
amount of money or value of goods furnished. If relief 
is given for the use of others, a similar record of each re- 
cipient must be given. The reason for giving aid must be 
shown in each case. Two copies of this record are filed 
in the office of the auditor every three months ; one copy 
is sent to the board of State charities ; the other is retained 
by the auditor, and the commissioners cannot lawfully pay 
out money for relief until such a record is made. A re- 
cent law has further attempted to restrict extravagance 
and carelessness by making the burden of the expendi- 
ture for this purpose fall directly upon the township 
which expends it and not upon the county as a whole. 
(5.) Schools. — The trustee of the civil township is also 
the trustee, treasurer and clerk of the school township. 
"The two corporations are as distinct and separate legal 
entities as if they existed in different territory, had an 
entirely different set of officers, and had no connection in 
any way with each other." 2 The trustee receives the 

1 See Report of the Board of State Charities (1897), pp. 77-79. The 
total expenditure made by the counties in 1896 for the aid of the poor 
amounted to $973,655. See Report of the Bureau of Statistics (1895-96), 
p. 339. 

2 See 62 Ind. 230, Utica Township, Clark Co., vs. Miller et aL 



94 THE CIVIL GOVERNMENT OF INDIANA. 

school revenue apportioned to his township, keeps it sepa- 
rate from the funds of the civil township and applies it 
to the purposes specified. He employs teachers, estab- 
lishes and furnishes school-houses and provides for the 
management of schools and of all school property. Each 
year between April 10 and April 30 he takes an enumera- 
tion of all unmarried persons between the ages of six and 
twenty-one, resident in his township, town or city. Sepa- 
rate lists of whites and colored are kept. This list includes 
the names of parents or guardians and designates the con- 
gressional township in which each resides. A copy of the 
enumeration is reported to the county superintendent. He 
has the care and custody of the lands belonging to the con- 
gressional township fund ; and may with the consent of 
the voters of the township lease them for seven years or 
sell them. He has charge of the township library and is 
accountable for its preservation. The compensation of 
trustees is two dollars per day for the time actually em- 
ployed. 1 

120. A Township Assessor is elected for four years, 
and no person is eligible more than four years in eight. 
It is his duty to list and assess property for taxation and 
to make a return to the auditor of the property so listed. 
The assessment of real estate is made every four years. 
In townships having a population less than 5000, the com- 
pensation of assessors is two dollars and fifty cents per 
day for the time actually employed. In other townships 
it is graded from $200 to $1800 annually. 

121. A Supervisor for each road district is elected by 
the voters thereof for a term of two years. Any person liable 
to perform highway labor who fails to accept the office of 
supervisor when duly appointed must forfeit the sum of 

1 In townships having between 25,000 and 75,000 inhabitants he re- 
ceives annually from $1000 to §1500 : in townships having between 
75,000 and 100,000 inhabitants, §1800; in townships having over 
100,000 inhabitants, $2500. 



THE TOWNSHIP. 95 

six dollars for the benefit of the road district ; but no per- 
son is compelled to serve more than four years in six. It 
is the duty of the supervisor to carry into effect all orders 
of the county commissioners touching highways and bridges 
within his district and to keep them in good repair. To 
this end he may' call out all able-bodied men except those 
exempted by law and require their services during not 
less than two nor more than four days in each year. The 
supervisor is responsible for all tools belonging to the 
road district. It is also his duty to arrest and prosecute 
all violators of the game and fish laws. His compensa- 
tion is one dollar and a half for each day of service. 

122. A School Director is elected annually on the 
first Saturday in October by the voters of the school dis- 
trict. In case of a failure to elect, the trustee may appoint 
one. The director or any five electors may call a special 
meeting of the voters. Subject to the discretion of the 
trustee, the voters at this meeting may decide what branches 
in addition to those prescribed by law shall be taught and 
the length of the school term ; direct repairs of the school- 
house ; and petition the trustee for the removal of the 
school-house or for the erection of a new one. All tax- 
payers except married women and minors are entitled to 
vote. This is the nearest approach to a pure democracy 
of any of our political organizations. The director pre- 
sides at all school meetings, records their proceedings and 
communicates with the trustee. He has charge of the 
school-houses and property. He visits and inspects schools 
and may exclude refractory pupils subject to appeal to the 
trustee. 

123. The Justices of the Peace are the judicial officers 
of the township, and the peace and good order of the com- 
munity are, probably, more dependent upon them than 
upon the judges of the supreme court. Their history in 
England can be traced back to the twelfth century, when 
the king appointed knights of the shire to perform certain 



96 THE CIVIL GOVERNMENT OF INDIANA. 

police duties in the preservation of the peace. Later, 
judicial powers were transferred from the sheriffs to these 
officers; and they were regarded with great respect and 
honor. The number for each county is determined by 
the board of commissioners ; but it must not exceed more 
than two for each township, with one in addition for each 
town and one in addition for each city therein. Their 
authority is limited in civil cases to their towmships; in 
criminal cases to their counties respectively. They have 
concurrent jurisdiction with the circuit courts to try 
and determine suits founded on contracts or tort 1 where 
the debt or damage claimed or the value of property 
sought does not exceed $200. They have no jurisdic- 
tion whatever in any action of slander, or for malicious 
prosecution, or for breach of marriage contract, nor where 
the title to land is in question, nor where the justice 
is related by blood or marriage to either party. They 
have power to subpoena witnesses and compel attend- 
ance. If either party demands a jury, it must be sum- 
moned. Either party may appeal from the judgment 
of any justice to the circuit court within thirty days. 
They are empowered to issue all writs necessary to exe- 
cute their decrees. They may also issue search warrants, 
writs of ne exeat? and writs of attachment when the amount 
claimed does not exceed $200. They issue warrants for 
the arrest of persons charged with the commission of 
felony or misdemeanor. In criminal cases they have ex- 
clusive original jurisdiction in all cases where the fine can 
not exceed three dollars ; concurrent jurisdiction with the 
circuit and criminal courts to try and determine all cases 

1 A tort is a wrong or injury inflicted upon a private person, for which 
the injured party may obtain compensation. 

2 A writ of ne exeat is an order for the arrest of a person who is about 
to leave the State without performing a contract. The defendant may 
be admitted to bail. 



THE TOWNSHIP. 97 

of misdemeanors punishable by time only; and they have 
authority to make examinations in all cases. Any pris- 
oner adjudged a punishment may appeal to the criminal 
or circuit court within ten days. Justices preside in ex- 
aminations as to the insanity of persons. They also have 
authority to solemnize marriages within their respective 
counties. 

124. The Constable also holds a very old office. The 
number of constables in each township is equal to that of 
the justices. They are the executive officers of the jus- 
tices' courts, attending trials, preserving order, enforcing 
all legal orders and levying executions. They are con- 
servators of the peace and have power to seize and take 
before the nearest justice all who violate the law in their 
presence, and there charge them with such violation. 
They have power to act throughout their respective coun- 
ties and may in the pursuit of a fugitive from justice 
arrest him in any county where he may be found. They 
have the same right that the sheriff has to call upon the 
citizens for aid. It is their duty also to enforce the game 
and fish laws. 

Addendum. 
The Trial of Oases in the Courts. 

A case is a contested question before a court — a suit or an action. 
A trial is a judicial examination of the issue. There are two parties 
to every action ; the one making the complaint is known as the 
plaintiff; the adverse party is the defendant. There are two classes 
of cases. A criminal case is undertaken by the State as plaintiff 
and prosecuted for the punishment of a person charged with a pub- 
lic offense ; the entire people of the State are the injured party, be- 
cause the peace and dignity of the State have been violated. All 
other cases are civil cases. There are two kinds of public offenses. 
All crimes and offenses punishable with death or imprisonment in 
the State prison are called felonies ; all other offenses against the 
law are called misdemeanors. 

(a) Procedure in Criminal Cases. — Any justice, on complaint 
7— Ind I 



98 THE CIVIL GOVERNMENT OF INDIANA. 

made on oath charging the commission of any felony or misde- 
meanor upon any person, must issue a warrant for his arrest and 
cause him to be brought before his court for trial or examination. 
When the accused * has been arrested by the proper officer he is 
taken before the justice. If the justice has jurisdiction, 2 he pro- 
ceeds to try and determine the case. Either the accused or the State 
may demand a jury ; otherwise the case will be decided by the jus- 
tice alone. The defendant may appeal from the verdict of the court 
to the criminal court or to the circuit court. 

If the offense is serious, if the punishment which the justice may 
assess is inadequate to it, and if the justice thinks the evidence suf- 
ficient, he may hold the accused to bail for appearance before the 
proper court or commit him to jail in default of bail. 3 But this 
does not determine his guilt or innocence. It is merely a prelim- 
inary examination to hold one against whom there is suspicion. 

The more serious criminal cases are tried in the criminal courts, 
or, where such do not exist, in the circuit courts. Before the com- 
mencement of any term of these courts a grand jury is summoned. 4 
This jury is composed of six men. They must inquire into the case 
of every prisoner in the county jail on a criminal charge and not 
indicted, of every person under bail on a criminal charge and not 
indicted and into violations of the criminal law generally. 5 Jurors 
having knowledge of crime must disclose it to the jury and they 
must preserve secrecy as to their proceedings. They may compel 
witnesses to attend and testify. The prosecuting attorney appears 
before the grand jury to give information or advice, or to question 
witnesses ; but no officer or person can be present when the jury 

1 See Art. L Sects. 13-17, 19, 27, 29, 30 for the privileges of persons 
accused of crime. 2 See \ 113. 

3 If he is confined in jail, he or his friends may ask for a writ of 
habeas corpus to test the justice of his restraint. This writ may be 
granted by the circuit, superior or criminal courts, or by the judges of 
these courts in vacation. It is an order commanding the officer restrain- 
ing a person, to have that person before the court or judge at the place 
and time specified. The party must be produced; the judge hears and 
determines the case and, if there is no legal cause for restraint or for 
the continuation thereof, the prisoner is discharged. 

* See I 107. 

5 They also investigate the misconduct of county officers and the man- 
agement of the public prisons and poor-houses of the county. 



THE TRIAL OF CASES. 99 

expresses its opinion or votes. If, after hearing the testimony, five 
of the jurors concur in the opinion that the evidence against any 
person is sufficient to warrant his arrest and trial, the formal accu- 
sation of the person of the crime or misdemeanor is signed by the 
prosecutor and indorsed by the foreman of the jury as "A true 
bill." This is called an indictment. 1 When an indictment is found 
or an information is filed the clerk of the court issues a warrant to 
the sheriff, whose duty it is to pursue and arrest 2 the accused in any 
county and commit him to jail or hold him to bail. 3 After the arrest 
of the accused, if he requests a copy of the indictment, it must be 
furnished him. When the case comes before the court for trial the 
defendant may move to quash or set aside the indictment. If the 
court 4 overrules the motion, the defendant is then arraigned by the 
reading of the indictment or the information to him by the clerk. 
He is required to enter immediately his plea. If he pleads " guilty," 
he is sentenced at once; if he pleads "not guilty/' the trial pro- 
ceeds. In case he is too poor to employ an attorney the court may 
assign one to defend him. The State is represented by the prose- 
cuting attorney. Every criminal action must be tried publicly in 
the county where the offense was committed, unless the defendant 
can show that he cannot receive a fair trial because of bias and 
prejudice. In that case a change of venue may be granted by the 
court. He has also a right to a trial by an impartial jury of twelve 
men ; but the defendant and the prosecutor with the assent of the 
court may submit the trial to the court, unless the crime is a cap- 
ital offense. In the selection of the jury the defendant may, without 
assigning a cause, object to twenty jurors in prosecutions for capital 
offenses ; to ten jurors in prosecutions for offenses punishable by im- 
prisonment; and to three jurors in all other prosecutions. The 
prosecutor has the same number of peremptory challenges. Each 
party may also challenge for cause any number of jurors, and the 

1 Public offenses except treason and murder may, under some circum- 
stances, be prosecuted upon " an information" filed by the prosecuting 
attorney and based upon the affidavit of some reputable person. The 
General Assembly may modify or abolish entirely the grand jury sys- 
tem. See Art. VII. Sect. 17. 

2 An arrest is taking a person into custody, that he may be held to 
answer for a public offense. 

3 The judge fixes the amount of bail, which must not be excessive. 
See Art. I. Sect. 16 and Art. I. Sect. 17. 

4 The word "court" used in this way signifies the judge of the court. 

LOFC. 



100 THE CIVIL GOVERNMENT OF INDIANA. 

judge must decide whether the cause alleged is a good ground for 
the exclusion of the jurors. After the jury has been empaneled and 
sworn the prosecuting attorney presents the case of the State and 
offers the evidence to support it. The defendant or his counsel then 
states his defense and supports it with his evidence. Each party 
may then offer rebutting testimony. The usual arguments by the 
attorneys and the charge to the jury follow. The judge must inform 
the jurors that they are the exclusive judges of all questions of fact, 
and that they have the right also to determine the law. The jury 
may decide the case in court or they may retire to deliberate. When 
they have unanimously agreed upon a verdict, they return and ren- 
der it in open court. If the defendant is guilty, they state the 
amount of the fine and the punishment to be inflicted, and the court 
renders judgment accordingly. Conviction or acquittal is a bar to 
another indictment for the offense charged or for any lower degree 
of that offense. 1 If sufficient cause can be shown, the court may 
grant a new trial — that is, a re-examination of the issues in the same 
court. The parties are in the same position as if no trial had been 
held. Incase the jury fail to agree upon a verdict there is amis- 
trial and the same ground must be gone over again. Exceptions to 
the decisions of the judge may be taken and an appeal made to the 
appellate court or to the supreme court within one year. 

(b) Procedure in Civil Cases. — In civil actions there are no pre- 
liminary examinations, although some cases may be brought origi- 
nally in the justices' courts. 2 Civil actions are usually commenced 
by filing a complaint' in the office of the county clerk. This must 
contain the name of the court, the names of the parties to the ac- 
tion, a statement of the facts constituting the cause of action and a 
demand of the relief to which the plaintiff thinks himself entitled. 
A summons is thereupon issued under the seal of the court directed 
to the sheriff, giving notice to the defendant of the commencement 
of the suit. The clerk is required also to give notice of all civil 
actions brought against parties who are non-residents or absent 
from the State, by publication in some newspaper. There are two 
kinds of issues — issues of law and issues of fact. The former are 
tried by the court, the latter by the court, by the petit jury or by 
a special jury. 3 But a jury trial may be waived by the parties in 
all civil actions. The number of jurors may be any number from 

1 See Art I., Sect. 1 4. 2 See § 123. 3 See Art. I., Sect. 20. 



THE TRIAL OF CASES. 101 

three to twelve. If the parties cannot agree upon the number, it is 
twelve. The statement of the case and the submission of the evi- 
dence, arguments and instructions are the same as in criminal cases. 
The verdict of the jury is either " For the plaintiff" or " For the 
defendant." Judgments against the defendant are enforced by the 
execution of writs issued to the sheriff, who must levy if necessary 
upon his property and sell it to pay the judgment. New trials 
may be granted and appeals taken as in criminal cases. 



CHAPTER IV. 

MUNICIPAL GOVERNMENT. 

125. Municipal Corporations. — County government is 
sufficient for the needs of a community which is sparsely 
settled and little developed. As the varied industries 
unfold and as transportation facilities multiply, the popu- 
lation naturally increases and congregates in towns and 
cities. Thence it follows that many new problems arise 
as to the preservation of health, the maintenance of 
order, the protection from fire, the construction of water- 
works, the improvement and lighting of streets, the open- 
ing of parks, and many other matters promoting the 
public convenience. Because the needs of communities 
differ widely on account of diversity in size, location 
and people, these problems can be solved satisfactorily 
only by the people who are most deeply interested in 
them. In consequence of such conditions the State has 
created special local governments. Such governments 
are known as municipal corporations. They have more 
extensive powers than those of counties, and, as the cities 
increase in size, the number and scope of these powers 
increase. While municipal corporations co-operate slightly 
in the administration of general State laws, their chief 
function is the administration of local affairs. 

In general terms the powers possessed by municipal 
corporations are as follows : 

" 1. Those granted in express words. 

" 2. Those necessarily or fairly implied in or incident to 
the powers expressly granted, 
102 



MUNICIPAL GOVERNMENT. 103 

" 3. Those essential to the declared object and purposes 
of the corporation — not simply convenient but indispens- 
able." 

These powers are subject to the constitutional limita- 
tion that no political or municipal corporation shall ever 
become indebted in any manner or for any purpose to an 
amount exceeding two per cent, on the value of the tax- 
able property within the corporation. 1 

126. Classification of Municipal Corporations. — In 
some States municipal corporations are divided according 
to population into hamlets, villages, towns or boroughs, 
and cities of different classes and grades. In Indiana the 
popular use of the terms "village," "town" and "city" 
is somewhat vague ; but the only municipal corporations 
authorized by law are towns and cities. The classification 
is not so clearly made as in some States. There is no 
minimum population required for towns; and while 
there is a minimum required for cities, a town having a 
much greater population may or may not become a city, 
as the majority of its voters prefer. The term village is 
popularly used to designate a community or neighborhood 
where the people are gathered into a small settlement 
which may or may not have a town government. If the 
majority of the voters of a small community desire it, 
they may be incorporated into a town with a government 
distinct from the township. If the majority of the voters 
of a town having over 2000 inhabitants desire it, the town 
may be incorporated into a city. Incorporation is made 
under general State laws which define the form of gov- 
ernment and the powers enjoyed under it. The Consti- 
tution requires that all laws shall be general and of uni- 
form application throughout the State, where a general 
law is applicable. 

Cities are divided into five classes, according to the 



1 See Art. XIII, Sect. 1. 



104 THE CIVIL GOVERNMENT OF INDIANA. 

population at the last preceding United States census, as 
follows : 

First Class. — Cities having a population of one hundred 
thousand or more. 

Second Class. — Cities having between forty-five thousand 
and one hundred thousand inhabitants. 

Third Class. — Cities having between twenty thousand 
and forty-five thousand inhabitants. 

Fourth Class. — Cities having a population between ten 
and twenty thousand. 

Fifth Class. — Cities having a population less than ten 
thousand. 1 

The Town. 

127. Incorporation and Organization. — When the 
people of a community desire a government of larger 
powers than those possessed under the township organ- 
ization, they take the proper steps prescribed by statute 
to attain that end. It is first necessary to procure an 
accurate survey and map of the territory to be included 
within the town limits. A correct census of the people 
residing within the district must also be taken. A peti- 
tion signed by one-third of the qualified voters of the 
district is then presented to the county board of commis- 
sioners. If satisfied that the requirements have been 
complied with, they declare that the territory shall be an 
incorporated town with the assent of the voters ; and they 
order an election to determine that point. If a majority 
of the electors favor incorporation, the county commis- 

1 The present classification is as follows: 

First Class : Indianapolis. 

Second Class : Evansville and Fort Wayne. 

Third Class: Anderson, Muncie, New Albany, South Bend and Terre 
Haute. 

Fourth Class: Elkhart, Elwood, Hammond, Jefferson ville, Kokomo, 
Lafayette, Logansport, Marion, Michigan City, Richmond, Vincennes. 

Fifth Class : Sixty-five cities. 



THE TOWN. 105 

sioners make an order declaring the town to be incorpo- 
rated. It is provided that the town shall then be divided 
into not less than three nor more than seven wards and 
that an election shall be held to fill the town offices. The 
elective officers are one trustee from each ward, a clerk and a 
treasurer. 1 The inspectors must file with the county 
clerk a certified statement of the names of the persons 
elected. The trustees select one of their number as presi- 
dent. 

128. The Trustees are regularly elected for a term of 
four years, one from each district, by the voters of the 
whole town. They are ineligible to re-election to the 
same office in any period of eight years. They are the 
most important officers of the town. They have power to 
make and establish such by-laws, ordinances and regula- 
tions, not repugnant to the laws of the State, as may be 
necessary to secure the following ends : the purchase of 
property for the use of the town ; protection against fire ; 
the abatement of nuisances ; the preservation of the public 
health; the prohibition of gambling; the maintenance of 
peace and order ; the prevention of vice and immorality ; 
the licensing and regulation of auctioneers, peddlers and 
vendors of intoxicating liquors ; the construction and im- 
provement of streets, sidewalks and sewers; the supply 
of water; the lighting of streets; 2 and the erection of 
school-houses. They fix the annual tax levy and the 
taxes are collected by the county treasurer and paid over 
to the town treasurer. 

They also elect three school trustees for a term of three 
years, one retiring annually. This school board has 
charge of the educational affairs of the town. 

1 The offices of clerk and treasurer may be held by the same person. 

2 No ordinance for the purchase or establishment of any water-works 
or lighting-plant can go into effect until approved by a majority of the 
votes cast at a regular or special election. In order to sell such a plant 
a referendum must be had, if one hundred freeholders and resident tax- 
payers petition for it. 



106 THE CIVIL GOVERNMENT OF INDIANA. 

129. The Administrative Officers are elected annually. 
The clerk has charge of the books and papers of the trus- 
tees and keeps a record of their proceedings. He sees to 
the publication of the ordinances and gives notice of town 
elections. 

The treasurer has charge of the town funds and accounts. 
He pays out money only upon the warrant of the presi- 
dent of the board attested by the clerk. He is required to 
make an annual settlement with the trustees, who must 
publish a financial statement. 

The marshal, who is appointed by the town trustees, 
has the powers and duties of a constable in enforcing the 
by-laws and ordinances of the town. The town trustees 
also appoint the street commissioners and the chief of the 
fire force. 

There is no judicial department distinct from that of the 
township. Justices of the peace have jurisdiction over 
violations of the ordinances. The salaries of the town 
officers are fixed by the trustees. 

An incorporated town may be dissolved if a two-thirds 
majority of the voters favor its dissolution, provided the 
total vote cast equals four-fifths of the entire number of 
voters. 

The Oity. 

130. The City Government. — It will occur even to a 
casual observer that there is a close resemblance between 
the form of the city government and that of' the State. 
The charter l corresponds to the Constitution ; the mayor, 
to the governor ; the administrative boards and officials, 
to the executive officers of the State ; the city council, to 
the General Assembly ; and the city courts to the State 
judiciary. 

1 In this State special charters are not granted to cities. The char- 
ters of all cities are derived from the general statutes. 



THE CITY. 107 

Mr. Bryce has pointed out that the functions of city 
government are tripartite : (a) to assist the central or 
State government in administration, as in enforcing the 
police laws, collecting taxes, and in the execution of cer- 
tain protective laws; (6) to do those things which properly 
pertain to local matters and which are regulated by local 
laws, subject to the general laws of the State, such as 
providing for education, caring for the poor and for the 
public health ; (c) to perform duties of a purely business 
nature, such as pertain to all kinds of public improve- 
ments. The city is, in respect to the first and second 
functions^ a political being ; and in respect to the third, 
it may be considered a business corporation, in which the 
taxpayers are the stockholders, doing through public- 
agents things which each might do for himself with 
greater cost and trouble. 

131. The Organization of the City. — When a town has 
attained a population of two thousand it may be incor- 
porated into a city, if a majority of the voters favor such 
action. 1 The city is thereupon divided into wards, the 
number and boundaries of which are determined by the 
trustees or council ; except that the number cannot be less 
than three. The number and boundaries of the wards of 
cities are to remain unchanged until 1907. After that 
time changes must not be made oftener than once in six 
years, unless they be made necessary by the annexation 
of new territory, and then the ordinance must be passed 
by a two-thirds vote of all the members of the common 
council. The chief difference between smaller cities and 
towns is in the number of officers; their powers are very 
similar. The larger cities differ from the smaller not only 
in size, but also in the complexity of the government. 

1 The charter of any city may be surrendered and annulled by order 
of the judge of the circuit court upon the petition of two-thirds of the 
resident taxpayers twenty-one years old. The city is then to be organ- 
ized and governed as an incorporated town, 



108 THE CIVIL GOVERNMENT OF INDIANA. 

The discussion of this subject must be confined to the 
general features of city governments. The varied details 
cannot be given here. A copy of a city charter should be 
secured and be made the object of an interesting and profit- 
able local study. 

132. The Elective Officers of cities are a mayor, a city 
judge, a city clerk, a city treasurer and councilmen — one 
councilman being elected from each ward by the voters 
thereof — and councilmen-at-large (one-half as many as 
there are wards), being elected by the voters of the whole 
city. However, it is further provided that in cities of the 
fifth class, the powers and duties of the city judge shall 
devolve upon the mayor ; that in cities of the first, second 
and third classes which are county seats, the county treas- 
urer shall perform the duties of the city treasurer; and 
that the number of councilmen-at-large in any city shall 
not be more than six nor less than two. The terms of all 
elective officers are four years, 1 and no person is eligible to 
hold the same office more than four years in any period 
of eight years. 

In the event of a vacancy in the office of city judge, city 
clerk or city treasurer, it is the duty of the mayor to fill 
such vacancy by appointment, subject to the approval of 
the common council. If a vacancy occur in the office of 
mayor, the city controller, in cities having such office, acts 
as mayor ; in other cities, or in case of the death, resigna- 
tion or disability of the controller, the city clerk acts as 
mayor. 2 Should there be no person as provided bylaw 
to fill such a vacancy, it is the duty of the common council 
to appoint one of its members to act as mayor temporarily, 

1 The officers elected in November, 1905, will serve until the first 
Monday in January, 1910, but their terms will not begin until the expi- 
ration of the terms of their predecessors who were elected under former 
laws. 

2 In such cases some other person must be appointed by the acting 
mayor, to act as controller or city clerk. 



THE CITY. 109 

until at a special meeting the common council elects a 
suitable person to fill out the unexpired term of the 
mayor. In the event of a vacancy in the office of coun- 
cilman, the common council fills the vacancy. 

133. The Common Council is the legislative body of 
the city. The law requires the council to meet at least 
once a month, and oftener if so provided in their rules. 
A majority of all the members-elect constitutes a quorum. 
In cities of the first and second classes the council chooses 
a presiding officer from its own members. In cities of the 
third, fourth and fifth classes the mayor presides at the 
meetings of the council, but has no vote except in case of 
a tie. The council may by a two-thirds vote expel any 
member for violation of official duty. They have authority 
to supervise and investigate all departments and officers 
of the city government. 

The legislative authority of the common council is in 
general the same as that of the town trustees, except that 
their powers include a greater variety of subjects, are more 
explicitly enumerated and are more extensively used. 1 
This authority is exercised through the passing of ordi- 
nances, orders, resolutions and motions. But none of 
these can become a law or be operative until it has been 
signed by the presiding officer and approved in writing 
by the mayor, or, in case of his veto, repassed by a two- 
thirds vote of the council. Every law imposing a penalty 
for a violation of it must be published, except in case of 
urgent necessity, when proclamation by the mayor and 
posting in public places are sufficient. All ordinances 
must be recorded by the city clerk. No money may be 
paid out unless an appropriation has been made by ordi- 
nance for such purpose. 

134. The Executive and Administrative Authority. — 
Cities differ from towns as to the form of government, in 

1 See Acts of 1905, chapter 129, § 53, for an enumeration of the geib 
eral powers of the common council. 

J 



110 THE CIVIL GOVERNMENT OF INDIANA. 

the concentration of greater power and responsibility in 
the hands of the mayor. It is believed by students of 
municipal problems that under such a system irregulari- 
ties and mismanagement of the business of the city may 
be more easily prevented and more readily traced to a re- 
sponsible source. The elective offices being few, the candi- 
dates are more closely scrutinized by the voters, and more 
competent and more scrupulous men are usually chosen. 

The executive and administrative authority is vested in 
the mayor, the city clerk, the departments provided for in 
each class, and such other officers as may be appointed 
under the law. 1 

135. The Mayor is the chief executive officer. It is 
his duty to see that the statutes of the State and the ordi- 
nances of the city are faithfully executed and enforced ; 
to submit to the council annually a statement of the finan- 
cial and general condition of the city ; to make to the 
council such recommendations in writing as he may see 
fit ; to call special meetings of the council when they are 
expedient; to perform such executive or administrative 
duties as may be prescribed by law ; to exercise general 
supervision over subordinate officers ; to fill vacancies in 
the offices of the city except in case of vacancies in the 
offices of mayor or councilman ; to appoint the heads of 
departments 2 in cities of the first, second, third and fourth 
classes, and to appoint, in cities of the fifth class, a city 
marshal, a chief of the fire force and a street commissioner, 
and to make such other appointments as may be provided 



1 In cities of the fifth class the city marshal is in charge of the police 
force; a chief of the fire force (appointed by the mayor) in charge of 
the fire force ; and the common council may, by ordinance, provide that 
committees of the council shall exercise executive functions when not 
in conflict with any of the provisions of the act. 

2 See § 137. 



THE CITY. Ill 

by law or by ordinance ; * to sign all written contracts of 
the corporation, and all licenses 2 issued by any depart- 
ment ; to approve or disapprove, in writing, all ordinances 
and resolutions of the council ; 3 to call together the heads 
of departments, except that of assessment and collection 
of taxes, for consultation and advice upon the affairs of 
the city at least once a month 4 and to call upon the 
heads of all departments for reports; to appoint, whenever 
he thinks proper, three competent persons to examine the 
accounts of any department, officer or employe, and to 
report the result of such investigation. 

The salary of the office of mayor is fixed by ordinance, 
and may be in cities of the first class from $4000 to $5000 ; 
in cities of the second class from $3000 to $-4000 ; in cities 
of the third class from $2000 to $2500 ; in cities of the 
fourth class not to exceed $1500 ; and in cities of the fifth 
class as determined by the council. 

136. The City Clerk is the clerk of the common 
council, and keeps the records of its proceedings, and has 
charge of the city seal, and books, papers and documents 
entrusted to him by statute or ordinance. In cities of the 
fifth class he draws warrants upon the city treasurer for 
the payment of salaries and claims against the city. 

137. The Executive Departments. — In the larger 

1 The mayor has power to suspend or remove any or all of such 
appointees, whether appointed by him or any of his predecessors by noti- 
fying them to that effect, and sending a message to the council giving 
his reasons for such removal. 

2 He has authority after reasonable notice and proper hearing to sus- 
pend or revoke such licenses. 

3 In ordinances appropriating money or levying taxes, he may approve 
or disapprove separate items. All ordinances may be passed over his 
veto by a two-thirds vote of the council. 

4 Rules may be adopted at such meetings for the administration of 
the affairs of the city, and for the selection, appointment and promotion 
of employes, but such rules must not be inconsistent with any law or 
ordinance. 



112 THE CIVIL GOVERNMENT OF INDIANA. 

cities, with their multiplicity of interests and functions, 
the amount of administrative work is so great that a single 
body, such as the common council, would be unable to 
perform that work promptly and efficiently. Therefore 
there have been established by law special departments, 
each having authority in some particular field. These 
departments are, in cities of the first, second, third and 
fourth classes, as follows : Finance, law, public works, 
public safety, assessment and collection, public health 
and charities ; except that in cities of the fourth class there 
is no department of public safety, its duties being per- 
formed by the department of public works. 1 

To prevent these separate departments working at cross- 
purposes there must be a certain degree of unity. This 
is secured by providing that the heads of all the depart- 
ments, except the department of assessment and collec- 
tion, 2 shall be appointed, and may be removed, by the 
mayor ; and by requiring joint meetings of the heads of 
the departments at least once a month. 3 

Each department has power to appoint and remove any 
of its subordinates, and to prescribe for its government 
and management rules and regulations not inconsistent 
with any statute or ordinance, or any rule adopted by the 
departments at their joint meetings. 4 

Before the commencement of each fiscal year it is the 
duty of each department to submit to the joint meeting 
of the heads of departments an estimate of the amount of 
money required for the respective departments for the 
ensuing year, itemizing it as fully as possible. The con- 
troller also submits a similar estimate of expenditures not 



i In cities of the third class, also, the common council may provide 1 y 
ordinance that the functions of the department of public safety may be 
performed by the department of public works. In cities of the first 
and second classes there is also a department of public parks. See Sub- 
sect. 4 of this sect. 

2 See Sub-sect. 5 of this sect. 3 See § 135. 4 See § 135. 



THE CITY. 113 

included in those of the different departments. After con- 
sultation the controller revises all of the estimates, and 
makes a report to the mayor, giving his estimate of the 
amount of money necessary for each department and for 
other expenses, together with an estimate of the necessary 
per cent, of taxes to be levied. At the next meeting of 
the common council the mayor presents this report with 
any recommendations he may see fit to make. The 
common council fixes the rate of taxation, and makes 
the necessary appropriations by items for each depart- 
ment, and for other city purposes. It may reduce any 
estimated item for any department, but cannot increase 
the same unless it be recommended by the mayor. If, 
later, an emergency should require further appropriations, 
they may be made on the recommendation of the con- 
troller by a two-thirds vote of the council. The depart- 
ments cannot make contracts to any extent beyond the 
amount of money already appropriated by ordinance for 
the purposes of the department, except that the board of 
public works, with approval of the common council, may 
enter into contracts for the lighting or cleaning of the 
streets, or the supplying of the city with gas, water, steam, 
power, heat or electricity for a period not exceeding twenty- 
five years. 

(1) The head of the department of finance is the city con- 
troller. He has in general the direction and management 
of the finances and accounts of the city. He prescribes 
the forms of accounts, and may inspect and revise the 
accounts of all other departments. His duties are similar 
to those of an auditor. 1 

(2) The head of the department of laic is the attorney 
and counsel of the city. 2 He has control of all law busi- 



1 See §§ 62 and 98. 

2 In cities of the fifth class the city attorney is appointed by the 
common council. 

8— Ind 



114 THE CIVIL GOVERNMENT OF INDIANA. 

ness of the city. He is the legal adviser of the city officers 
in relation to their official acts and of the common council 
in matters of law submitted to him. He prepares all con- 
tracts, ordinances and legal documents required by the 
council. He prosecutes actions brought by the city and 
defends it in all suits brought against it. 

(3) The department of public works has for its head a board 
of three members. The mayor appoints also a city civil 
engineer, who is subject to the board. 1 This board has 
charge of all property of the city, and may condemn 
and appropriate private property needed by the city 
for public use ; it controls the platting, opening, re- 
pairing, cleaning and lighting of streets, and the con- 
struction of bridges. It has power to prepare and con- 
struct a system of drainage and sewerage ; to purchase or 
construct and operate water works, gas works, electric 
light works and heating and power plants, for the purpose 
of supplying the city and its inhabitants with the use and 
convenience of such works ; 2 to contract for the furnishing 
of these services by any individual or company, provided 
the contract is approved by ordinance of the common 
council ; to authorize public service companies to use the 
streets and alleys, and to prescribe the terms and condi- 
tions of such use, provided the contract is approved by 
ordinance of the common council ; to license the making 
of excavations to change or improve water courses within 
the city; and to perform other functions of a similar 
nature. In cities of the third and fourth classes this de- 
partment has charge and management of all public parks 
and pleasure grounds. In cities of the first and second 
classes there is a separate board called the department of 

1 Except in cities of the fifth class, where he is subject to the orders 
of the council. 

2 In order to exercise such powers, authority must be conferred upon 
the board by a specific ordinance, and by the approval of a majority of 
persons voting at a general or special election. 



THE CITY. 115 

'public parks, 1 which has control of this work. In cities of 
the fifth class this power is vested in the common council. 

(4) The department of public safety is under the charge of 
a board of three commissioners. They have the care, 
management and exclusive control of all matters relating 
to the fire and police force, the erection of fire escapes, the 
inspection of buildings, boilers, market-places, and food 
sold therein, pounds and prisons. They appoint a super- 
intendent of police, 2 a chief of the fire force and all other 
officers necessary for the department. In cities of the 
third class, upon the adoption of an ordinance therefor, 
and in cities of the fourth class, without such an ordinance, 
the board of public works exercises all the powers of the 
department of public safety. In each city having a popu- 
lation over 10,000, and not exceeding 35,000, there is a 
metropolitan police commission, composed of three members 
appointed by the governor for a term of three years, one 
retiring annually. They are charged with the manage- 
ment of all police matters of their respective cities, and are 
subject to removal by the governor. 

(5) The city treasurer of every city is the head of the de- 
partment of assessment and collection ; except that in any city of 
the first, second and third classes, which is a county seat, 
the county treasurer performs all the duties of the city 
treasurer. This officer is elected by the people. He re- 
ceives and cares for the city revenues, and pays them out 
upon the warrant of the controller or of the city clerk in 
cities of the fifth class. He is required, on the first day of 
each month, to make a statement to the controller (or to 
the city clerk in cities of the fifth class) of the receipts 
and disbursements of the previous month and the balance 
in the treasury, and to deliver all orders redeemed and 
cancelled by him. 

1 The board is composed of four members appointed for a term of 
four years, one retiring annually.. 

2 Except in cities having a metropolitan police commission. 



116 THE CIVIL GOVERNMENT OF INDIANA. 

(6) The department of public health and charities is con- 
trolled by a board of three commissioners who must be 
physicians. They have charge of all matters relating to 
the public health and the enforcement of laws in relation 
thereto, including city hospitals, city dispensaries and all 
other city charities. They appoint one of their number, 1 
who is secretary, the executive officer of the board. He 
has charge of the registration of births and deaths and of 
the sanitary police. The board prepares the health ordi- 
nances, which must be passed by the council as other 
ordinances. 

138. The Judicial Power of cities of the first, second, 
third and fourth classes is vested in a city court, consisting 
of a judge, a clerk and a bailiff; except that in cities of 
the third and fourth classes the judge of the court acts as 
clerk. In cities of the first and second classes the city 
clerk performs the duties of the clerk of the court. In 
cities of the fifth class the mayor exercises the powers and 
performs the duties of city judge and clerk of the court. 

The city judge exercises within the county the powers 
and jurisdiction conferred upon the justices of the peace, 
except as otherwise provided. He has exclusive jurisdic- 
tion of all violations of the city ordinances. He has 
original concurrent jurisdiction with the circuit court or 
criminal court in all cases of petit larceny and other minor 
offenses. 

The prosecuting attorney prosecutes all cases in such 
court for the violations of the law r s of the State, and the 
city attorney prosecutes all cases of violations of the ordi- 
nances. 

The bailiff is a police officer, designated and assigned to 
such court by the chief of police. He has the pow T ers and 
duties of a constable, and executes all the orders of the 
court. 

1 In cities of the first class a competent person not a member of the 
board is appointed by them as city sanitarian, who performs the duties 
of secretary. 



THE CITY. 117 

139. The Marshal is the chief ministerial officer in cities 
of the fifth class. He has the powers of a constable, and 
is required to arrest persons violating the laws and to sup- 
press all breaches of the peace, having authority to call to 
his aid the power of the city. It is his duty to execute 
all processes directed to him by the mayor, city judge or 
common council. In every city having a board of metro- 
politan police commissioners the office of marshal is 
abolished. 

140. The Schools are managed in each city by a board 
of three school trustees, elected by the common council 1 
for a term of three years, one retiring annually. 

1 In Indianapolis, five school commissi on ers are elected for a term of 
four years by popular vote. In Evansville, the three trustees are ap- 
pointed by the mayor, subject to removal by him. 



CHAPTER V. 

PARTY ORGANIZATION AND ELECTIONS. 

141. Political Parties. — In all countries where the in- 
dividual citizen is free to have and to express opinions 
and is an actual participant in government, there must of 
necessity be diverse views as to the proper policies to be 
pursued by the State. When a body of voters agree to 
the same political creed and effect an organization to carry 
out their theories in some particular way, they constitute 
a political party. Party organization of itself is not a bad 
thing. Ideas of government can only be enacted into law 
through the medium of parties. Individuals acting sepa- 
rately can accomplish little. Besides, the conduct and 
administration of the party in power are watched closely 
by the other party to discover, if possible, some act that will 
give it an advantage. The evils of parties appear when 
corrupt managers attempt to make a party the instrument 
of private gain and advancement, and seek to confuse the 
voters and to convince them that loyalty to party and loy- 
alty to State are identical. But, in fact, these interests are 
often in conflict, and then the true patriot must make the 
cause of his party subordinate to the welfare of his State. 
When public affairs are administered corruptly it is due 
in part to the negligence and selfish love of ease of the 
"better class." 

From the very beginning of the National government 
public questions have not only divided men into parties 
in respect to national affairs, but they have also extended 

118 



PARTY ORGANIZATION AND ELECTIONS. 119 

into the politics of the State, the county and even of the 
city and the township— wholly obliterating the natural 
party lines. It is difficult to find a rational answer to the 
question : " Why should the election of a town trustee or 
a county treasurer depend upon a man's belief in free trade 
or protection ; in free silver or a gold standard?" The 
reply of the party man is, that in order to win national 
elections the party spirit must be kept alive and the party 
machinery must be oiled constantly with local patronage. 
For this reason national politics are thrust into local 
affairs and party fealty is demanded even in the most 
trivial elections. 

142. The Organization. — The success of a party de- 
pends very largely upon the excellence of its organiza- 
tion. The purposes of party organization are to keep 
the party united and enthusiastic, to bring new mem- 
bers into it, to instruct its adherents on the issues and 
to select the candidates for the offices. This organiza- 
tion consists of three parts : the primary, the convention 
and the committees. 

The term primary is used in two senses. It may signify 
the assembling of all the voters of a party, residing within 
defined limits, in a mass meeting for the purpose of naming 
the candidates and delegates and of performing other party 
services. Or it may denote an election for the same pur- 
poses, at which only members of the party may vote. In 
either case it is practicable only within narrow limits. 

A convention is a meeting of the delegates selected at 
primaries or mass meetings for the purpose of making 
nominations and selecting delegates to other conventions. 
Such a method is uniformly used to determine nomina- 
tions for President, for State officers, for congressmen, for 
State senators and representatives, for circuit judges and 
prosecutors and usually for county and city officers. The 
convention may also adopt a platform endorsing the na- 
tional administration of their party (if in power) and 



120 THE CIVIL GOVERNMENT OF INDIANA. 

arraigning the opposite party ; it may appoint the com- 
mittees for the district and prescribe certain regulations 
for the direction of the officers and committeemen. The 
importance of primaries and conventions has been too 
much ignored by the better element. Where one party is 
greatly in the majority a nomination is virtually equal to 
an election. And where parties are more evenly balanced, 
after the nominations are made the voter often has but a 
choice of two evils. Keener interest and greater activity 
in primaries and conventions will, in a degree at least, pre- 
vent the election of corrupt or inefficient officers. 

While primaries and conventions are important in the 
preliminary stages of the campaign, great consequence 
attaches to the management of the campaign by the com- 
mittees. The former are merely temporary bodies; the 
latter are permanent and frequently are composed year 
after year of the same men, who become expert in the 
conduct of committee affairs. The members of the na- 
tional committee are appointed at the time of the national 
convention. 1 The State central committee has the gen- 
eral direction of the campaign within a State. In Indiana 
each party has a State central committee, composed of 
thirteen members, one selected by the convention of each 
congressional district. The county central committees — 
usually one from each township — the township commit- 
tees, the city committees and the ward committees all act 
under the general supervision of the State committee, with 
a certain degree of independence allowed to each. They 
control the raising and expenditure of funds, the organ- 
ization of meetings, the selection of speakers, the forma- 
tion of clubs, the preparation of parades, the taking of a 
poll and many other matters, some of which are not 
proper and legitimate. 

143. Nomination by Petition is another method of 



1 The delegation of each State appoints the member from that State. 



PARTY ORGANIZATION AND ELECTIONS. 121 

selecting candidates. It is resorted to at times when the 
nominees of the regular parties seem so undesirable that 
an independent candidate has a chance of winning. To 
secure a nomination in this way a petition containing the 
names of the persons desired to be nominated and of the 
offices to be filled must be presented to the proper officers, 
signed by a sufficient number of electors. 1 

144. The Ballots. — The governor of the State and two 
qualified electors 2 appointed by him 3 constitute the State 
board of election commissioners. It is their duty to pre- 
pare and distribute the ballots and pencils for the election 
of all State officers. The clerk of the circuit court and 
two electors* appointed by him constitute the county 
board of election commissioners. 5 They prepare the bal- 
lots for the election of all other officers. When nomina- 
tions are made the names of the candidates are certified 
to the respective boards by the officers of the primary or 
convention or by the petitioners, together with the title of 
the party and the device by which its list of candidates 
can be designated on the ballots. The names of all can- 
didates for State offices are on one ballot of red paper 

1 The number of petitioners required for a State office is five hun- 
dred ; for congressmen, two hundred ; for county officers, twenty-five ; 
for the officers of a township, ward or other division less than a county, 
twenty. 

2 The student should be required to note carefully the qualifications 
of electors and office-holders as prescribed in the Constitution, Art. II. 

3 One from each of the two leading parties, nominated by the chair- 
man of the State central committee of each party. 

4 One from each of the two leading parties, nominated by the chair- 
man of the county central committee of each party. 

5 Town and city elections at any other time than the general elections 
are held in conformity with the plan here outlined, with the following 
exceptions : the duties required of the circuit clerk are performed by 
the town or city clerk ; those of the county commissioners by the town 
trustees or city council ; those^ of the county sheriff by the town mar- 
shal or chief of police ; those of the county chairman by the town or 
city chairman. 

K 



122 THE CIVIL GOVERNMENT OF INDIANA. 

arranged in party columns under the proper name and 
device. The names of candidates for township offices are 
similarly arranged on yellow paper, and the names of all 
other candidates on white paper. Great care is taken to 
guard against fraud in the printing, delivery and distri- 
bution of the ballots. 1 

145. Election Days. — In Indiana a general election is 
held on the first Tuesday after the first Monday of Novem- 
ber in the even-numbered years. On this day are chosen 
the presidential electors (every four years, 1904, 1908, 
etc.) ; all State officers (some for two, others for four, and 
others for six years) ; congressmen; circuit judges (for six 
years ) and prosecutors ; and all county officers (some for 
two, others for four years) ; and all township officers (for 
four years). Town and city officers are elected on the 
first Tuesday after the first Monday in November, every 
four years, beginning in 1905. 2 All election days are holi- 
days throughout the district or municipality in which the 
election is held. The clerk certifies to the sheriff the 
offices to be filled, and the sheriff must give due notice to 
the electors fifteen days before election day. 

146. Precincts and Voting Places.— The boards of 
county commissioners divide the townships of their re- 
spective counties into election precincts and designate a 
voting place in each precinct. In cities the common 
council, in towns the trustees exercise this authority. The 
county commissioners must provide a suitable room at 
each voting place with a chute or passageway fifty feet 
long leading to it. That part of the room to be occupied 
by the election board must be separated by means of a 
railing from the remainder of the room. Three booths or 
compartments containing shelves must be provided for 

1 The use of voting machines may he ordered in one or more pre- 
cincts by the authority of the county commissioners. 

2 The election of road BUpervisors occurs on the second Saturday after 
the first Monday of December, in the odd-numbered years. 



PARTY ORGANIZATION AND ELECTIONS. 123 

each room ; these must be so constructed that when the 
elector passes within to mark his ballot he will be screened 
from view and at the same time the presence of more than 
one person may be revealed to the election board. Sepa- 
rate ballot boxes must be provided : a red box for the 
State ballots, a white box for the county ballots and a 
yellow box for the township ballots. 

147. Election Officers. — Besides the boards of election 
commissioners already mentioned, 1 there are other import- 
ant officers. The township trustees are inspectors of elec- 
tions in the precincts in which they reside. If any town- 
ship includes more than one precinct, the additional in- 
spectors are appointed by the county commissioners. The 
inspectors appoint as judges of election two qualified elec- 
tors 2 of the precinct. The inspector and the two judges 
constitute the board of election for the precinct This 
board appoints two poll clerks. 2 The county sheriff ap- 
points two deputies, known as election sheriffs, 2 for each 
precinct in the county. It is their duty to preserve 
order at the polls and to enforce the provisions of the 
election law under the direction of the election board. 
No other peace officer is allowed within fifty feet of the 
polls. 3 In all cases except treason, felony and breach of 
the peace, electors are free from arrest in going to and 
returning from elections.* 

148. Voting. — Elections are opened at six o'clock in 
the forenoon and continue open until four in the after- 

1 See §144. 

2 One from each of the two leading parties, nominated by the chair- 
man of the county central committee of each party. 

3 Each party may appoint one challenger and one poll-book holder, 
who may stand inside the chute within the fifty-foot limit. They are 
not, however, officers of the State and must look to their party for com- 
pensation. 

* See Art. II. Sect. 12. 



124 THE CIVIL GOVERNMENT OF INDIANA. 

noon, 1 except that in cities or towns having a popula- 
tion of 1000 or more they are open until six in the 
afternoon. When a voter has been admitted to the 
election room he announces his name to the poll clerks, 
who register it. One of the clerks delivers to him a bal- 
lot for each election with the initials of each clerk on 
the back of it ; the other clerk gives him a blue pencil. 
The voter then retires into one of the unoccupied booths 
and indicates the candidates for whom he wishes to vote 
by making a cross, thus X, on the square preceding each 
name. If he desires to vote a " straight " ticket, he marks 
a cross within the circle containing the party device at the 
top of the column. 2 The ballot must contain no mark 
such as would distinguish it from others. While still in 
the booth he folds the ballots separately so that no part 
of the faces can be seen and so that the initials of the 
clerks are exposed to view. He then returns the pencil to 
the poll clerk and delivers his ballots to the inspector or 
to one of the judges, who deposits them in the proper 
boxes in the presence of the voter. If the voter spoils a 
ballot, it may be returned and another obtained. If a voter 
makes affidavit that he is unable to prepare his ballot, he 
may indicate his choice of candidates to the clerks, who 
prepare the ballot in his presence. Voters must engage in 
no conversation except with the election board, must not 
occupy a booth longer than five minutes, and must leave 
the room as soon as they have voted. 

149. The Canvass. — Immediately on closing the polls 
the election board counts the ballots remaining unvoted, 
records the number of them on the tally-sheet and de- 
stroys them by burning. It proceeds first to count the 
State ballots, then the local ballots, and lastly the town- 

1 When the proper steps are taken the polls may be kept open until 

6 P. M. 

2 In case an elector wishes to vote for any person whose name is not 
on the ballot, he may prepare a printed paster containing a complete 
list of all officers to be voted for and paste it on the ballot. 



PARTY ORGANIZATION AND ELECTIONS. 125 

ship ballots. Any ballot without the initials of the clerks, 
or any ballot having a distinguishing mark or any ballot 
from which the choice of the elector cannot be determined 
is not counted as to the candidate or candidates affected by 
it. All protested, disputed or defective ballots are pre- 
served, placed in bags securely sealed, and delivered to 
the county clerk, 1 and a record of such ballots is made on 
the tally-sheet. After the count is completed all the re- 
maining ballots are burned. The board makes a memo- 
randum of the total vote for each candidate and each 
member receives a copy of it. The board of judges also 
makes out a certificate stating the number of votes each 
person has received : this certificate with one of the lists 
of voters and one of the tally-papers is deposited with the 
inspector or one of the judges selected by the board. 
These officers who have charge of the certificates consti- 
tute a board of canvassers for the county. 2 They meet at 
the court-house between 10 a. m. and 6 p. m. on the Thurs- 
day following the election. They examine the certificates 
and other papers, aggregate and tabulate the total vote 
of the county, a statement of which is drawn up giving 
the vote for each candidate and the whole number of votes 
cast. This statement is signed by each member of the 
board and, together with the poll-books and tally-papers, 
is delivered to the county clerk and by him filed in his 
office and preserved, open to inspection by any legal 
voter. The board declares the person having the highest 
number of votes for any office to be filled by the voters 
of any single county duly elected and certifies the same 
in the statement mentioned above. In case of a tie vote 

1 The clerk is required to keep them in his office six months, or, in 
case of a contest, until the contest is determined. 

2 The canvassing board for township officers in a township having but 
one precinct is the election board of that precinct ; in all other town- 
ships the inspectors or judges having charge of the certificates consti- 
tute the board. 



126 THE CIVIL GOVERNMENT OF INDIANA. 

the board declares there is no person elected for that 
office. Any person elected to an office by the voters of a 
county, not to be commissioned by the governor, may ob- 
tain after ten days a certificate of election from the clerk. 
Where the governor commissions an officer the clerk cer- 
tifies his vote to the secretary of State. When two or 
more counties compose a senatorial or representative dis- 
trict the county clerks certify the vote to the sheriffs re- 
spectively, who meet and jointly prepare the certificate 
and send it to the person elected. The county clerks on 
the day after the return-day (on Friday) make out certi- 
fied statements of the number of votes given to each can- 
didate for State offices; for representatives in Congress; 
for judges and prosecuting attorneys of the circuit courts ; 
and for senators and representatives in the General As- 
sembly : these are sent to the secretary of State. That 
officer in the presence of the governor compares and esti- 
mates the number of votes for all of the State officers 
(except for governor, lieutenant-governor, senators and 
representatives) ; for all congressmen ; and for all judges 
and prosecuting attorneys of the circuit courts : and certi- 
fies to the governor the persons having the highest number 
of votes. The governor, thereupon, transmits to them their 
commissions. Each clerk of the circuit court also makes 
out two certified statements of the number of votes each 
candidate for governor and lieutenant-governor has received ; 
one of these he transmits to the speaker of the next house 
of representatives through his senator or representative; 
the other he directs to the speaker in care of the secretary 
of State. The speaker opens and publishes them in the 
presence of both houses and the person having the high- 
est number of votes for each office is declared elected. In 
case of a tie between the two candidates having the high- 
est number of votes for either office the General Assembly 
elects by a joint vote. 1 

1 See Art. V. Sects. 4 and 5. 



PARTY ORGANIZATION AND ELECTIONS. 127 

150. Contested Elections. — The election of any can- 
didate may be contested by any elector. A contest of the 
election of a State officer is tried by a joint committee of 
both houses of the General Assembly and their judgment 
is conclusive. Each house determines the contested elec- 
tions of its own members. The county commissioners 
try the contested elections of all county and township 
officers ; but appeals may be had to the circuit court. 
The contests of the election of municipal officers are 
tried in the circuit courts. 

151. Purity of Elections. — Unless there can be an 
honest expression of the will of the people, free govern- 
ment cannot long exist. The State has attempted to pro- 
tect the purity of the ballot-box by declaring all forms of 
bribery, intimidation and corruption to be most serious 
crimes, punishable in many cases by fines, imprisonment 
and disfranchisement. But all such admirable laws are 
but empty declarations unless the civic virtue of every com- 
munity is active enough to demand the same standard of 
honesty in politics that is demanded in business life, and 
to teach the corrupters and debauchers of the electors a 
wholesome fear of a righteously indignant public spirit. 



CHAPTER VI. 

PUBLIC EDUCATION. 

«K>*KOO 

152. The School System is required by the Constitu- 
tion to be general and uniform and to offer free tuition 
equally open to all. The State has appreciated that the 
realization of the highest possibilities of her children 
cannot be attained unless she offers to them all the 
fullest opportunities for the best education possible. To 
that end provision has been made for the establishment 
of elementary or graded schools, comprising the first eight 
years of school work ; high schools offering more advanced 
instruction; a professional school for teachers; and two 
institutions for higher education. 1 So that it is possible 
for any child having the industry and mental capacity 
to enter at the age of six the primary school of any 
tow r n, city or country district, and by winning promo- 
tion to pass by regular steps through the graded schools, 
through a commissioned high school and finally to gradu- 
ation from the State University. If a pedagogical or tech- 
nical training is preferred, the State Normal School and 
Purdue University are open to him. The State has not 
stopped here. It has provided instruction peculiarly fitted 
for those children whose infirmities or misfortunes have 
rendered them incapable of enjoying the privileges ac- 
corded to others, by establishing the Institute for the 

1 The following schools are also authorized by law : kindergarten 
schools in any incorporated town or city ; night schools in any city hav- 
ing a population of 3000 or more ; and manual training schools in any 
city having a population of 30,000 or more. 
128 



PUBLIC EDUCATION. 129 

Education of the Blind, the School for Deaf-Mutes, the 
School for the Feeble-Minded Youth and the Indiana 
Soldiers' and Sailors' Orphans' School. It has also recog- 
nized a duty even to those who have wilfully and crim- 
inally ignored their opportunities, by founding the Indiana 
Boys' School and the Industrial School for Girls, and by 
providing at public expense instruction for the inmates of 
the Indiana Reformatory and the State prisons for men 
and women. More and more nearly is being realized that 
ideal school system in which the State endeavors to furnish 
to all its youth of every class and condition that educa- 
tion which is most suitable to their needs and which may 
be most helpful to them in the effort to live self-supporting 
and virtuous lives. 

153. The School Fund is the pride of every citizen 
of Indiana. The present efficient system by which the 
means for the support of the schools are provided has 
been generally commended by schoolmen. But it is the re- 
sult of many years of experiment. It is based upon the 
theory that their maintenance should be furnished partly 
by the State and partly by the local communities. Expe- 
rience has shown that in this case local self-government 
is not the ideal plan; for it leaves the poor, ignorant 
and indifferent communities alone in their poverty and 
ignorance. Neither is support wholly by the State the 
ideal method, for this makes the people dependent, indif- 
ferent and perhaps extravagant. Under the present sys- 
tem the aid given by the State secures at least a minimum 
term to the poorer districts and stimulates the local au- 
thorities to more earnest effort. 

The school fund is the permanent endowment of the 
schools. It includes money loaned at interest and rented 
lands. The principal must remain a perpetual fund 
which may be increased but must never be diminished ; 
and the income thereof must be inviolably appropriated 
to the support of the common schools and to no other pur- 
9— Ind 



130 THE CIVIL GOVERNMENT QF INDIANA. 

pose. 1 It consists of two distinct parts : the congressional 
township fund and the common school fund. The former 
came from the sale of land given to the State at the time 
of its admission to the Union. 2 It has been decided by 
the Indiana supreme court that by the terms of the grant 
the fund derived from the sale of the "school section" 
cannot be diverted by legislation from the use of the inhab- 
itants of the congressional township. This fund amounted 
in 1903 to $2,466 000. 3 

The common school fund is the consolidation of all 
other funds devoted to common school purposes. In 
1903 it amounted to $8,032,654. The sources 4 from which 
it has been derived are the following : the surplus revenue 
fund ; the saline fund ; the bank tax fund ; the proceeds 
from the bank sinking fund ; the fund obtained from the 
sale of county seminaries and their property; all fines 
assessed for breaches of the penal laws and forfeitures; 
all escheats; all lands granted to the State without an 
expressed purpose, including the swamp-land grants made 
by Congress in 1850; funds from delinquent taxes; pro- 
ceeds from the sale of estrays ; and taxes on the property 
of corporations assessed for common school purposes. 5 

1 See Art VIII. Sect. S. 2 See U 20 and 36. 

3 This does not include the value of more than 1100 acres remaining 
unsold. 

4 See Art. VIII. Sect. 2. 

5 The Surplus Revenue Fund. When the surplus revenue of the United 
States was distributed among the States in 1836, the share allotted to 
Indiana was $860,254. The next year the General Assembly set aside 
for school purposes $537,502.96 of this fund. By the terms of the act 
of distribution the State is bound to repay this money or any part of 
it whenever it is called for by the United States government. 

The Saline Fund and the lands belonging thereto. By the enabling 
act of 1816 Congress granted to Indiana all the salt springs within the 
State and the lands reserved about them. In 1833 the legislature or- 
dered these lands to be sold and the proceeds to be appropriated to the 
common schools. The amount received from this source was about 
$85,000. 



PUBLIC EDUCATION. 131 

The management of the school fund is intrusted to the 
counties in the care of the county auditors. The money 
is loaned by them at the rate of six per cent. If for any 
reason there is a loss of any part of the principal or in- 

r The Bank-tax Fund. When the State Bank of Indiana was char- 
tered, in 1834, it was stipulated that each share not owned by the State 
should pay an annual tax of 12J cents, to be applied to the school fund. 
From an observance of this provision there accrued to the fund $80,000. 

The Sinking Fund. In order to take stock in the State Bank and to 
make loans to individuals who wished to take stock in the bank, it was 
necessary for the State to borrow money. This loan was to be paid from 
the proceeds of a sinking fund, which consisted of the unapplied bal- 
ances of the loan made to the State ; the sums (principal and interest) 
paid on the loans made by the State to the stockholders ; and the divi- 
dends or profits received by the State as a stockholder. It was provided 
that after the payment of the loan made to the State and all expenses 
the residue should be a permanent fund and be appropriated to the 
cause of common schools. This sinking fund was so skilfully managed 
that the school fund has realized the generous sum of $4,255,731.87. 

The Seminary Fund. Under the provisions of the Constitution of 
1816 county seminaries were established, the support of which came 
from exemption moneys, fines for breaches of the penal laws and 
" unclaimed gaming money recovered." When the reorganization of 
the school system was effected by the Constitution of 1851 and the laws 
of 1852 it was provided that all the buildings and property belonging 
to these seminaries should be sold and the proceeds be added to the 
common school fund. The exact amount received from such sales is not 
known, but it exceeded $100,000. 

Fines and Forfeitures. All fines assessed for breaches of the penal 
laws of the State and all forfeitures on recognizances are turned into 
this fund. Great carelessness or corruption in the collection and man- 
agement of such moneys existed prior to 1868. But since that time the 
annual increase of the fund from this cause has averaged more than 
$50,000. The total amount realized is more than 81,800,000. 

Escheats. While nominally a source of revenue, for fifty years only a 
small amount has been added to the fund from money derived from 
"the sale of escheated real estate." 

^1// lands granted to the State with no special purpose mentioned in 
the grant; and the proceeds of the sale of swamplands. The swamp- 
lands granted to Indiana in 1850 by Congress aggregated 1,257,588 



132 THE CIVIL GOVERNMENT OF INDIANA. 

terest, that deficit must be made good by the county 
and not by the State. No part of the revenue derived 
from this fund can be used for any other purpose than for 
tuition. No buildings or equipment may be purchased 
with it ; not even a school superintendent may be paid 
from it. 

154. The School Revenues consist of all moneys from 
whatever public source expended or which may be ex- 
pended upon the public schools. They are of two kinds : 
the State revenue and the local revenue. The former is 
made up of the State tax (11.6 cents on the $100 and 50 
cents poll) ; interest on the common school fund ; and un- 
claimed witness fees. The local revenues include the in- 
terest on the congressional township fund ; liquor licenses ; 
the surplus dog-tax fund ; and local tuition taxes. 

The State revenue is apportioned semi-annually. The 
county auditors report semi-annually to the superintend- 
ent of public instruction the amount of revenue for tuition 
collected and ready for apportionment in each county. 
The State superintendent apportions this to the several 

acres. But from this gift nothing has been realized directly for the 
school fund. The proceeds were recklessly, if not dishonestly, ex- 
pended in the draining and surveying of the lands. It was also the 
purpose of the legislature that whatever surplus might remain after the 
construction of the Michigan road from the lands donated for that ob- 
ject should be applied to the school fund. But all the proceeds were 
absorbed in the building of the road. 

Estrays. After the payment of expenses attendant upon the im- 
pounding and sale of animals astray or adrift the proceeds from such 
sales are added to the school fund. The receipts from this source have 
been about $1000. 

Delinquent Tax Funds. When lands are returned delinquent for 
seven years, county treasurers are authorized to sell them and apply the 
proceeds to the common school fund. 

Corporation taxes that may be assessed by the General Assembly 
for school purposes. Whatever money has been received from such a 
source has gone as revenue and not into the endowment fund. 



PUBLIC EDUCATION. 133 

counties upon the basis of the enumeration of the school 
children between the ages of six and twenty-one. Upon the 
same basis each county auditor apportions to the school 
corporations 1 of his county the share of revenue received. 
However, he must first ascertain the amount of congres- 
sional township revenue each school corporation receives 
and must apportion the State revenue, so as to equalize 
the amount of tuition for each city, town and township, 
according to the enumeration of the children ; but the in- 
come from the congressional township fund cannot by 
such apportionment be diminished, diverted or distrib- 
uted to any other township. Each school corporation 
may levy a special tax for the construction and repair of 
buildings and for other necessary expenses, and a local tax 
for tuition revenue to supplement the tuition fund of the 
State. 2 

155. The Administration of the schools must, from 
the very nature of the system, be largely central as well 
as local. The centralization of authority has tended to 
make the interpretation of laws consistent; to establish 
uniformity in the curricula of the graded schools ; to ele- 
vate the standard of the poorer schools ; to equalize privi- 
leges ; to avoid unsound policies ; to prevent mismanage- 
ment of the funds and evasion of the laws ; and to inspire 



1 Each civil township and each incorporated town or city is a corpora- 
tion for school purposes distinct from the civil or municipal corporation. 
1 Summary of school revenue for 1903 : 

(1) Tuition revenue — 

Common school revenue (from State levy) $2,215,463 
Congressional township revenue .... 156,378 

Local tuition revenue 3,285,490 

Revenue from liquor licenses 496,516 

County dog fund 106,807 

Total $6,260,654 

(2) Special school revenue 3,163,011 

Grand total . . $9,423,665 



134 THE CIVIL GOVERNMENT OF INDIANA. 

teachers and pupils alike in the thought that each is a 
component part of a great unified system in which more 
than a half million pupils and teachers are working to the 
same noble end. The officers especially charged on the 
part of the State with the execution of the system are the 
State superintendent of public instruction and the State 
board of education. 1 The local administration is assigned 
to the county superintendent, the county board of educa- 
tion, 2 the township trustees, the school directors, the school 
trustees and superintendents of towns and cities. 3 

156. School Books. — In 1889 a text-book law was en- 
acted, by which the maximum price of fifteen books was 
determined. The State board of education has entered 
into contracts with publishers for the furnishing of the 
required books at the stipulated prices. The effects of 
the law have been beneficial in two ways : the cost of 
books has been reduced about fifty per cent, and this re- 
duction has been followed by an increased attendance ; 
and the work has been made more nearly uniform, 4 and 
thus the standard of the graded schools has been raised. 

157. Compulsory Education. — The law provides that 
parents and guardians shall send all children between the 



1 Their duties are explained with sufficient detail in §§ 65 and 77 (6). 

2 The county board of education is composed of ex officio members — the 
township trustees, the chairmen of the school boards of towns and cities 
within the county and the county superintendent. It has authority 
to adopt a course of study and to make reasonable rules for carrying it 
out. Its function is chiefly advisory and its purpose to secure uniform- 
ity in the schools of the county. 

3 For explanation of the duties of such officers, see §§ 106; 119 (1), 
(5), and 122. 

4 The branches taught are orthography, reading, writing, arithmetic, 
geography, English grammar, physiology (with the effects of alcoholic 
drinks and narcotics), history of the United States ; good behavior ; 
and such other subjects as the advancement of the pupils may require 
and the trustees may direct. 



PUBLIC EDUCATION. 135 

ages of seven and fourteen years (except those exempted), 1 
to a public or private school for the entire period that the 
schools are in session. Truant officers are appointed by 
the county board of education, whose duty it is to see that 
the provisions of the act are complied with. For viola- 
tions of this law parents and guardians are liable to a fine 
of from five to twenty-five dollars and imprisonment for 
from two to ninety days. The school authorities are re- 
quired to furnish to indigent children the necessary books 
and clothing with which to attend school. Boards of 
trustees are empowered to maintain " Parental Homes," 
which truant or incorrigible children not over twelve 
years of age may be compelled to attend. 

158. The Examination and Training of Teachers is 
of the greatest importance to the efficiency of the schools. 
Trustees are forbidden to employ teachers without the 
requisite license. Licenses are classified as follows : first 
grade (life license) ; second grade (professional license for 
eight years) ; third grade (high school license for sixty 
months) ; fourth grade (thirty-six months' license) ; fifth 
grade (twenty-four months' license) ; sixth grade (twelve 
months' license). The first and the second grade licenses 
are granted only by the State board of education upon 
examination and are known as State licenses. Any appli- 
cant for a license of a lower grade may elect to have his 
manuscripts sent to the State superintendent for examina- 
tion. Such a license is also a State license and is valid in 
any county of the State. County licenses (below the sec- 
ond grade) are issued by the county superintendent after 
examination upon questions furnished by the State board. 
Any one who has taught for six years and who obtains a 
fourth grade license is thereafter exempt from examina- 
tion, provided he teaches continuously, without the lapse 
of a year, the subjects in which he was examined. 

1 Children physically or mentally incapacitated are exempt from the 
provisions of the law. 



136 THE CIVIL GOVERNMENT OF INDIANA. 

Upon compliance with certain conditions the holder of 
a life State certificate from another State may have it 
countersigned by the State superintendent; such a license 
is then valid in any of the schools of the State. 

The State has recognized that the character of the 
schools depends more upon the character, scholarship 
and professional training of the teachers than upon build- 
ings and equipment. It has therefore wisely provided for 
the literary and technical instruction of its teachers by 
establishing institutions of higher learning. The State 
Normal School, located at Terre Haute, includes the nor- 
mal school proper and the model school. The latter serves 
as a practice and model school for the normal students. 
The normal school proper is designed to " confer that 
knowledge which constitutes the science of education and 
•to train students in the art of instruction and school man. 
agement." A department of pedagogy is a part of the 
curriculum of Indiana University. There are, besides, the 
following supplementary educational agencies : county and 
township institutes, giving instruction in methods; the 
reading circles, imparting culture and professional know- 
ledge; and the teachers' associations — State and local — 
directing in a large degree school legislation and awaken- 
ing and intensifying the professional spirit. 

159. The State Universities. — " It is as essential to the 
welfare of a State that its leaders be thoroughly educated 
as that its voters have a common-school education. In 
an important sense, then, the colleges are the life of the 
State." 1 

Indiana has answered the demand for higher education 
by the establishment of the Indiana University and Pur- 
due University. The latter institution, located at La Fay- 
ette, embraces now a government " experiment station " 
and six special schools bearing upon the scientific and in- 

1 W. A. Bell, in The Schools of Indiana, p. 133. 




DC 
< 

DO 



138 THE CIVIL GOVERNMENT OF INDIANA. 

dustrial life of the State. It derives sustenance from three 
sources : (1) the interest on a permanent endowment ob- 
tained from the sale of lands donated by the United States, 
from gifts from Hon. John Purdue and from grants by Tip- 
pecanoe county ; (2) an annual appropriation by Congress ; 
and (3) a revenue of one cent upon every $100 of taxable 
property in Indiana. The school has grown constantly in 
favor and efficiency. 

Indiana University, located at Bloomington, has made 
rapid progress in the last fifteen years. Its income is de- 
rived from three sources : (1) rents from unsold lands 
donated by the United States ; (2) interest on the perma- 
nent endowment, which is in part the proceeds of land 
sales and in part a fund obtained by State taxation ; and 
(3) revenue from a tax of one cent on the hundred dollars. 1 
Work of a literary and scientific nature is offered in two 
hundred and twenty-three courses classified into seven- 
teen departments, including the school of law. There are 
more than sixty-five members of the faculty who have 
received their training at forty of the leading universities 
of Europe and America. Well-equipped libraries, museums 
and laboratories give excellent opportunity for breadth of 
culture and special investigation. The university has no 
preparatory department of its own. It draws its students 
directly from the secondary schools. The graduates from 
two hundred and ten commissioned high schools are ad- 
mitted to the freshmen class without examination. Since 
this relation has been established the courses of the high 
schools have been enlarged, systematized and made more 
nearly uniform, and the attendance of the university has 
grown from 144 in 1884 to 1538 in 1905. This illustrates 
well how intimately the interests of all the educational 
institutions are interwoven, and how steadily the influence 

1 The legislature has in addition at various times made special appro- 
priations to these three institutions. 



PUBLIC EDUCATION. 139 

of higher education permeates down to the most elementary 
schools. 

160. Denominational Institutions and Independent 
Normals. — This brief account of the educational forces 
would be still more incomplete if it omitted to mention 
the denominational schools and independent normals. 
The former were founded "to provide for the higher 
Christian education of young men and women" and to 
propagate the gospel by securing a pure and enlightened 
ministry. The latter were established in response to a 
demand throughout the State for schools in which ma- 
ture men and women could, in a brief period, prepare 
themselves as teachers in the common schools. 

The work offered by them is in character similar to that 
done by the corresponding State schools. Their numerous 
graduates, occupying prominent places in the professional, 
political and business life of the commonwealth, attest 
the valuable influences that have gone out from these 
institutions. 



CONSTITUTION 

OF THE 

STATE OF INDIANA. 

»o^o« 

PREAMBLE. 

To the end that justice be established, public order maintained, 
and liberty perpetuated : We, the people of the State of 
Indiana, grateful to Almighty God for the free exercise of 
the right to choose our own form of government, do ordain 
this Constitution. 

ARTICLE I. 

BILL OF RIGHTS. 

Section 1. Natural rights. — We declare that all men are cre- 
ated equal ; that they are endowed by their Creator with certain 
unalienable rights; that among these are life, liberty, and the 
pursuit of happiness ; that all power is inherent in the people ; 
and that all free governments are, and of right ought to be, 
founded on their authority, and instituted for their peace, safety, 
and well being. For the advancement of these ends, the people 
have at all times an indefeasible right to alter and reform their 
government. 

Sec. 2. Right to worship.— All men shall be secured in their 
natural right to worship Almighty God according to the dictates 
of their own consciences. 

Sec. 3. Freedom of opinion. — No law shall, in any case what- 
ever, control the free exercise and enjoyment of religious opinions, 
or interfere with the rights of conscience. 

Sec. 4. No preference to any creed. — No preference shall be 
given, by law, to any creed, religious society or mode of worship ; 
and no man shall be compelled to attend, erect or support any 
place of worship, or to maintain any ministry against his consent. 

141 



142 CONSTITUTION OF INDIANA. 

Sec. 5. No religious test. — No religious test shall be required 
as a qualification for any office of trust or profit. 

Sec. 6. No support for religious institutions.— No money shall 
be drawn from the treasury for the benefit of any religious or 
theological institution. 

Sec. 7. Competency of witness. — No person shall be rendered 
incompetent as a witness, in consequence of his opinion on matters 
of religion. 

Sec. 8. Administration of oaths. — The mode of administering 
an oath or affirmation shall be such as may be most consistent 
with, and binding upon, the conscience of the person to whom 
such oath or affirmation may be administered. 

Sec. 9. Free speech and writing.— No law shall be passed re- 
straining the free interchange of thought and opinion, or restrict- 
ing the right to speak, write, or print, freely, on any subject whatever; 
but for the abuse of that right every person shall be responsible. 

Sec. 10. Justification in libel. — In all prosecutions for libel, the 
truth of the matters alleged to be libelous may be given in 
justification. 

Sec. 11. Unreasonable search and seizure.— The right of the 
people to be secure in their persons, houses, papers and effects, 
against unreasonable search or seizure shall not be violated, and 
no warrant shall issue, but upon probable cause, supported by 
oath or affirmation, and particularly describing the place to be 
searched, and the person or thing to be seized. 

Sec. 12. Justice without purchase.— All courts shall be open ; 
and every man, for injury done to him, in his person, property or 
reputation, shall have remedy by due course of law. Justice shall 
be administered freely and without purchase; completely, and 
without denial; speedily, and without delay. 

Sec. 13. Rights of accused. — In all criminal prosecutions the 
accused shall have the right to a public trial, by an impartial jury 
in the county in which the offense shall have been committed ; to 
be heard by himself and counsel ; to demand the nature and cause 
of the accusation against him, and to have a copy thereof; to meet 
the witnesses face to face, and to have compulsory process for 
obtaining witnesses in his favor. 

Sec. 14. No person twice in jeopardy.— No person shall be put 
in jeopardy twice for the same offense. No person, in any criminal 
prosecution, shall be compelled to testify against himself. 



CONSTITUTION OF INDIANA, 143 

Sec. ]5. No unnecessary rigor. — No person arrested, or con- 
fined in jail, shall be treated with unnecessary rigor. 

Sec. 16. No excessive bail and punishment.— Excessive bail 
shall not be required. Excessive fines shall not be imposed. 
Cruel and unusual punishment shall not be inflicted. All penal- 
ties shall be proportioned to the nature of the offense. 

Sec. 17. Offenses bailable. — Offenses, other than murder or trea- 
son, shall be bailable by sufficient sureties. Murder or treason 
shall not be bailable when the proof is evident, or the presumption 
strong. 

Sec. 18. Reformation the basis of penal code.— The penal code 
shall be founded on the principles of reformation, and not of 
vindictive justice. 

Sec. 19. Jury in criminal cases. — In all criminal cases whatever, 
the jury shall have the right to determine the law and the facts. 

Sec. 20. Jury in civil cases. — In all civil cases the right of 
trial by jury shall remain inviolate. 

Sec. 21. Compensation for services and property.— No man's 
particular services shall be demanded without just compensation. 
No man's property shall be taken by law without just compensa- 
tion ; nor, except in case of the State, without such compensation 
first assessed and tendered. 

Sec. 22. Exemption: no imprisonment for debt.— The privi- 
lege of the debtor to enjoy the necessary comforts of life, shall be 
recognized by wholesome laws, exempting a reasonable amount 
of property from seizure or sale for the payment of any debt or 
liability hereafter contracted ; and there shall be no imprisonment 
for debt, except in case of fraud. 

Sec. 23. Equal privileges to all.— The General Assembly shall 
not grant to any citizen, or class of citizens, privileges or immu- 
nities which, upon the same terms, shall not equally belong to all 
citizens. 

Sec. 24. No ex post facto law.— No ex post facto law, or law 
impairing the obligation of contract, shall ever be passed. 

Sec. 25. No delegation of authority.— No law shall be passed, 
the taking effect of which shall be made to depend upon any 
authority, except as provided in this Constitution. 

Sec. 26. Suspension of laws.— The operation of the laws shall 
never be suspended except by the authority of the General 
Assembly. 



144 CONSTITUTION OF INDIANA. 

Sec. 27. Suspension of habeas corpus.— The privileges of the 
writ of habeas corpus shall not be suspended, except in case of 
rebellion or invasion, and then only if the public safety demand 
it. 

Sec. 28. Treason. — Treason against the State shall consist only 
in levying war against it, and giving aid and comfort to its 
enemies. 

Sec. 29. Conviction of treason. — No person shall be convicted 
of treason, except on the testimony of two witnesses to the same 
overt act, or upon his confession in open court. 

Sec. 30. Effect of conviction. — No conviction shall work cor- 
ruption of blood or forfeiture of estate. 

Sec. 31. Right to assemble, to instruct and to petition.— No 
law shall restrain any of the inhabitants of the State from assem- 
bling together, in a peaceable manner, to consult for their com- 
mon good ; nor from instructing their representatives ; nor from 
applying to the General Assembly for redress of grievances. 

Sec. 32. Right to bear arms. — The people shall have a right 
to bear arms for the defense of themselves and the State. 

Sec. 33. Military subordinate to civil power.— The military 
shall be kept in strict subordination to the civil power. 

Sec. 34. Quartering of soldiers. — No soldier shall, in time of 
peace, be quartered in any house without the consent of the 
owner ; nor in time of war but in a manner to be prescribed by 
law. 

Sec. 35. No titles of nobility.— The General Assembly shall 
not grant any title of nobility, nor confer hereditary distinctions. 

Sec. 36. Free emigration.— Emigration from the State shall 
not be prohibited. 

Sec. 37. No slavery. — There shall be neither slavery nor invol- 
untary servitude, within the State, otherwise than for the punish- 
ment of crime, whereof the party shall have been duly convicted. 
No indenture of any negro or mulatto, made or executed out of 
the bounds of the State, shall be valid within the State. 

ARTICLE II. 

SUFFRAGE AND ELECTION. 

Section 1. Elections free. — All elections shall be free and 
equal. 
Sec. 2. Qualifications of electors. — In all elections not other- 



CONSTITUTION OF INDIANA. 145 

wise provided for by this Constitution, every male citizen of the 
United States, of the age of twenty-one years and upwards, who 
shall have resided in the State during the six months, and in the 
township sixty days, and in the ward or precinct thirty days 
immediately preceding such election ; and every male of foreign 
birth, of the age of twenty-one years and upwards, who shall 
have resided in the United States one year, and shall have 
resided in this State during the six months, and in the township 
sixty days, and in the ward or precinct thirty days, immediately 
preceding such election, and shall have declared his intention to 
become a citizen of the United States, conformably to the laws 
of the United States on the subject of naturalization, shall be 
entitled to vote in the township or precinct where he may reside, 
if he shall have been duly registered according to law. [As 
amended March #£, 1881.] 

Sec. 3. Soldiers : seamen : marines. — No soldier, seaman or 
marine, in the army or navy of the United States, or their allies, 
shall be deemed to have acquired a residence in this State in con- 
sequence of having been stationed within the same ; nor shall any 
such soldier, seaman or marine, have the right to vote. 

Sec. 4. Residence. — No person shall be deemed to have lost 
his residence in the State by reason of his absence either on 
business of the State or of the United States. 

Sec. 5. [Stricken out by constitutional amendment of March #4, 
1881.] 

Sec. 6. Bribery a disqualification for office.— Every person 
shall be disqualified from holding office during the term for which 
•he may have been elected, who shall have given or offered a bribe, 
threat, or reward to procure his election. 

Sec. 7. Challenge to duel. — Every person who shall give or 
accept a challenge to fight a duel, or who shall knowingly carry 
to another person such challenge, or who shall agree to go out of 
the State to fight a duel, shall be ineligible to any office of trust 
or profit. 

Sec. 8. Disfranchisement. — The General Assembly shall have 
power to deprive of the right of suffrage, and to render ineligible 
any person convicted of an infamous crime. 

Sec. 9. Lucrative offices. — No person holding a lucrative office 
or appointment, under the United States, or under this State, shall 
be eligible to a seat in the General Assembly ; nor shall any person 
10— Ind N 



146 CONSTITUTION OF INDIANA. 

hold more than one lucrative office at the same time, except as in 
this Constitution expressly permitted : Provided, That offices in 
the militia, to which there is attached no annual salary, and the 
office of Deputy Postmaster, where the compensation does not 
exceed ninety dollars per annum, shall not be deemed lucrative ; 
And provided, also, That counties containing less than one thou- 
sand polls may confer the office of Clerk, Eecorder and Auditor, 
or any two of said offices, upon the same person. 

Sec. 10. Defaulters ineligible.— No person who may hereafter 
be a collector or holder of public moneys, shall be eligible to any 
office of trust or profit until he shall have accounted for and paid 
over, according to law, all sums for which he may be liable. 

Sec. 11. Appointments pro tempore.— In all cases in which it 
is provided that an office shall not be filled by the same person 
more than a certain number of years continuously, an appoint- 
ment pro tempore shall not be reckoned a part of that term. 

Sec. 12. Electors free from arrest. — In all cases, except trea- 
son, felony and breach of the peace, electors shall be free from 
arrest in going to elections, during their attendance there, and in 
returning from the same. 

Sec. 13. Methods of election. — All elections by the people shall 
be by ballot ; and all elections by the General Assembly, or by either 
branch thereof, shall be viva voce. 

Sec. 14. Time of elections. — All general elections shall be held 
on the first Tuesday after the first Monday in November; but 
township elections may be held at such time as may be provided 
by law : Provided, That the General Assembly may provide by law 
for the election of all judges of courts of general or appellate juris- 
diction, by an election to be held for such officers only, at which 
time no other officer shall be voted for ; and shall also provide for 
the registration of all persons entitled to vote. [As amended 
March 21>, 1881.] 

AKTICLE III. 

DISTRIBUTION OF POWERS. 

Section 1. Three departments. — The powers of the Govern- 
ment are divided into three separate departments : the Legislative, 
the Executive (including the Administrative), and the Judicial ; 
and no person charged with official duties under one of these 



CONSTITUTION OF INDIANA. 147 

departments shall exercise any of the functions of another except 
as in this Constitution expressly provided. 

AETICLE IV. 

LEGISLATIVE. 

Section 1. The General Assembly: laws.— The Legislative 
authority of the State shall be vested in a General Assembly, 
which shall consist of a Senate and House of Representatives. 
The style of every law shall be : " Be it enacted by the General 
Assembly of the State of Indiana " ; and no law shall be enacted 
except by bill. 

Sec. 2. Number and election of members.— The Senate shall 
not exceed fifty, nor the House of Representatives one hundred 
members ; and they shall be chosen by the electors of the respec- 
tive counties or districts into which the State may, from time 
to time, be divided. 

Sec. 3. Terms of office : classes of senators.— Senators shall be 
elected for the term of four years, and Representatives for the 
term of two years, from the day next after their general election : 
Provided, however, That the Senators elect, at the second meeting 
of the General Assembly under this Constitution, shall be divided, 
by lot, into two equal classes, as nearly as may be ; and the seats 
of Senators of the first class shall be vacated at the expiration of 
two years, and those of the second class at the expiration of four 
years; so that one-half, as nearly as possible, shall be chosen 
biennially forever thereafter. And in case of increase in the 
number of Senators, they shall be so annexed by lot, to the one 
or the other of the two classes, as to keep them as nearly equal as 
practicable. 

Sec. 4. Enumeration. — The General Assembly shall, at its 
second session after the adoption of this Constitution, and every 
sixth year thereafter, cause an enumeration to be made of all the 
male inhabitants over the age of twenty-one years. [As amended 
March 2J>, 1881.] 

Sec. 5. Apportionment. — The number of Senators and Repre- 
sentatives shall, at the session next following each period of 
making such enumeration, be fixed by law, and apportioned 
among the several counties, according to the number of male 
inhabitants, above twenty-one years of age, in each : Provided, 
That the first and second elections of members of the General 



148 CONSTITUTION OF INDIANA. 

Assembly, under this Constitution, shall be according to the 
apportionment last made by the General Assembly before the 
adoption of this Constitution. [As amended March ££, 1881.] 

Sec. 6. Districts. — A Senatorial or Representative district, 
where more than one county shall constitute a district, shall be com- 
posed of contiguous counties ; and no county, for Senatorial appor- 
tionment, shall ever be divided. 

Sec. 7. Qualifications. No person shall be a Senator or a Rep- 
resentative, who, at the time of his election, is not a citizen of the 
United States ; nor any one who has not been, for two years next 
preceding his election, an inhabitant of this State, and for one 
year next preceding his election, an inhabitant of the county or 
district whence he may be chosen. Senators shall be at least 
twenty-five, and Representatives at least twenty-one years of 
age. 

Sec. 8. Privileges. — Senators and Representatives, in all cases 
except treason, felony, and breach of the peace, shall be privileged 
from arrest during the session of the General Assembly, and in 
going to and returning from the same ; and shall not be subject 
to any civil process during the session of the General Assembly, 
nor during the fifteen days next before the commencement thereof. 
For any speech or debate in either House, a member shall not be 
questioned in any other place. 

Sec. 9. Sessions. — The sessions of the General Assembly shall 
be held biennially, at the capital of the State, commencing on the 
Thursday next after the first Monday of January, in the year one 
thousand eight hundred and fifty-three, and on the same day of 
every second year thereafter, unless a different day or place shall 
have been appointed by law. But if, in the opinion of the Gov- 
ernor, the public welfare shall require it, he may, at any time, by 
proclamation, call a special session. 

Sec. 10. Officers : adjournment. — Each House, when assembled, 
shall choose its own officers (the President of the Senate excepted), 
judge the elections, qualifications and returns of its own members, 
determine its rules of proceeding, and sit upon its own adjourn- 
ment. But neither House shall, without the consent of the other, 
adjourn for more than three days, nor to any place other than that 
in which it may be sitting. 

Sec. 11. Quorum. — Two-thirds of each House shall constitute 
a quorum to do business; but a smaller number may meet, adjourn 



CONSTITUTION OF INDIANA. 149 

from day to day, and compel the attendance of absent members. 
A quorum being in attendance, if either House fail to effect an 
organization within the first five days thereafter, the members of 
the House so failing shall be entitled to no compensation from 
the end of the said five days, until an organization shall have 
been effected. 

Sec. 12. Journal. — Each House shall keep a journal of its pro- 
ceedings, and publish the same. The yeas and nays, on any ques- 
tion, shall at the request of any two members, be entered, together 
with the names of the members demanding the same, on the 
journal : Provided, That on a motion to adjourn, it shall require 
one-tenth of the members present to order the yeas and nays. 

Sec. 13. Sessions open.— The doors of each House, and of 
Committees of the Whole, shall be kept open, except in such 
cases as, in the opinion of either House, may require secrecy. 

Sec. 14. Punishment of members.— Either House may punish 
its members for disorderly behavior, and may, with the concur- 
rence of two-thirds, expel a member ; but not a second time for 
the same cause. 

Sec. 15. Punishment for contempt.— Either House, during its 
session, may punish, by imprisonment, any person not a member, 
who shall have been guilty of disrespect to the House, by disor- 
derly or contemptuous behavior in its presence; but such impris- 
onment shall not, at any time, exceed twenty-four hours. 

Sec. 16. Powers of each House. — Each House shall have all 
powers necessary for a branch of the legislative department of 
a free and independent State. 

Sec. 17. Bills. — Bills may originate in either House, but may 
be amended or rejected in the other, except that bills for raising 
revenue shall originate in the House of Representatives. 

Sec. 18. Beading and vote. — Every bill shall be read by sec- 
tions, on three several days in each House; unless, in case of 
emergency, two-thirds of the House where such bill may be 
depending shall, by a vote of yeas and nays, deem it expedient 
to, dispense with this rule ; but the reading of a bill by sections, 
on its final passage, shall in no case be dispensed with ; and the 
vote on the passage of every bill or joint resolution shall be taken 
by yeas and nays. 

Sec. 19. Subject matter and title. — Every act shall embrace 
but one subject, and matters properly connected therewith; which 



150 CONSTITUTION OF INDIANA. 

subject shall be expressed in the title. But if any subject shall 
be embraced in an act, which shall not be expressed in the title, 
such act shall be void only as to so much thereof as shall not be 
expressed in the title. 

Sec. 20. Wording. — Every act and joint resolution shall be 
plainly worded, avoiding, as far as practicable, the use of technical 
terms. 

Sec. 21. Revision of acts. — No act shall ever be revised or 
amended by mere reference to its title ; but the act revised, or 
section amended, shall be set forth and published at full 
length. 

Sec. 22. Special legislation. — The General Assembly shall 
not pass local or special laws in any of the following enumerated 
cases, that is to say : 

Kegulating the jurisdiction and duties of justices of the peace 
and of constables ; 

For the punishment of crimes and misdemeanors ; 

Regulating the practice in courts of justice ; 

Providing for changing the venue in civil and criminal cases ; 

Granting divorces ; 

Changing the names of persons ; 

For laying out, opening and working on, highways, and for the 
election or appointment of supervisors ; 

Vacating roads, town plats, streets, alleys and public squares ; 

Summoning and impaneling grand and petit juries, and pro- 
viding for their compensation ; 

Regulating county and township business ; 

Regulating the election of county and township officers, and 
their compensation ; 

For the assessment and collection of taxes for State, county, 
township or road purposes ; 

Providing for supporting common schools, and for the preserva- 
tion of school funds ; 

In relation to fees or salaries ; except that the laws may be so 
made as to grade the compensation of officers in proportion to the 
population and the necessary services required; [As amended 
March 24, 1881]. 

In relation to interest on money ; 

Providing for opening and conducting elections of State, county 
or township officers, and designating the places of voting; 



CONSTITUTION OF INDIANA. 151 

Providing for the sale of real estate belonging to minors, or 
other persons laboring under legal disabilities, by executors, 
administrators, guardians or trustees. 

Sec. 23. Laws shall be general. — In all the cases enumerated 
in the preceding section, and in all other cases where a general 
law can be made applicable, all laws shall be general and of uni- 
form operation throughout the State. 

Sec. 24. Suits against the State.— Provisions may be made 
by general law, for bringing suits against the State, as to all 
liabilities originating after the adoption of this Constitution ; but 
no special act authorizing such suit to be brought, or making com- 
pensation to any person claiming damages against the State, shall 
ever be passed. 

Sec. 25. Passage of bills. — A majority of all the members 
elected to each House shall be necessary to pass every bill or joint 
resolution ; and all bills and joint resolutions so passed shall be 
signed by the presiding officers of the respective houses. 

Sec. 26. Right of protest. — Any member of either House 
shall have the right to protest, and to have his protest, with his 
reasons for dissent, entered on the journal. 

Sec. 27. Statutes public laws.— Every statute shall be a 
public law, unless otherwise declared in the statute itself. 

Sec. 28. Taking effect of laws.— No act shall take effect until 
the same shall have been published and circulated in the several 
counties of this State, by authority, except in case of emergency ; 
which emergency shall be declared in the preamble or in the body 
of the law. 

Sec. 29. Compensation. — The members of the General Assem- 
bly shall receive for their services a compensation, to be fixed by 
law ; but no increase of compensation shall take effect during the 
session at which such increase may be made. No session of the 
General Assembly, except the first under this Constitution, shall 
extend beyond the term of sixty-one days, nor any special session 
beyond the term of forty days. 

Sec. 30. Ineligibility to certain offices.— No Senator or Eep- 
resentative shall, during the term for which he may have been 
elected, be eligible to any office, the election to which is vested 
in the General Assembly, nor shall he be appointed to any civil 
office of profit, which shall have been created, or the emoluments 
of which shall have been increased, during such term ; but this 



152 CONSTITUTION OF INDIANA. 

latter provision shall not be construed to apply to any office elec- 
tive by the people. 

ARTICLE V. 

EXECUTIVE. 

Section 1. Governor. — The executive powers of the State 
shall be vested in a Governor. He shall hold his office during 
four years, and shall not be eligible more than four years in any 
period of eight years. 

Sec. 2. Lieutenant Governor.— There shall be a Lieutenant 
Governor, who shall hold his office during four years. 

Sec. 3. Election. — The Governor and Lieutenant Governor 
shall be elected at the times and places of choosing members of 
the General Assembly. 

Sec. 4. Method of voting.— In voting for Governor and 
Lieutenant Governor the electors shall designate for whom they 
vote as Governor, and for whom as Lieutenant Governor. The 
returns of every election for Governor and Lieutenant Governor 
shall be sealed up and transmitted to the seat of government, 
directed to the Speaker of the House of Representatives, who 
shall open and publish them in the presence of both Houses of 
the General Assembly. 

Sec. 5. Election by General Assembly.— The persons, re- 
spectively, having the highest number of votes for Governor and 
Lieutenant Governor, shall be elected ; but in case two or more 
persons shall have an equal and the highest number of votes for 
either office, the General Assembly shall, by joint vote, forthwith 
proceed to elect one of the said persons Governor or Lieutenant 
Governor, as the case may be. 

Sec. 6. Contested election. — Contested elections for Governor 
or Lieutenant Governor shall be determined by the General 
Assembly, in such manner as may be prescribed by law. 

Sec. 7. Qualifications. — No person shall be eligible to the 
office of Governor or Lieutenant Governor, who shall not have 
been five years a citizen of the United States, and also a resident 
of the State of Indiana during the five years next preceding his 
election ; nor shall any person be eligible to either of the said 
offices who shall not have attained the age of thirty years. 

Sec. 8. Officers ineligible. — No member of Congress, or per- 



CONSTITUTION OF INDIANA. 153 

son holding any office under the United States, or under this State, 
shall fill the office of Governor or Lieutenant Governor. 

Sec. 9. Term. — The official term of the Governor or Lieuten- 
ant Governor shall commence on the second Monday of January, 
in the year one thousand eight hundred and fifty-three ; and on 
the same day every fourth year thereafter. 

Sec. 10. Vacancies. — In case of the removal of the Governor 
from office, or of his death, resignation or inability to discharge 
the duties of the office, the same shall devolve on the Lieutenant 
Governor ; and the General Assembly shall, by law, provide for 
the case of removal from office, death, resignation, or inability, 
both of the Governor and Lieutenant Governor, declaring what 
officer then shall act as Governor ; and such officer shall act accord- 
ingly until the disability be removed or a Governor be elected. 

Sec. 11. President of Senate pro tern.— Whenever the Lieu- 
tenant Governor shall act as Governor, or shall be unable to 
attend as President of the Senate, the Senate shall elect one of 
its own members as President for the occasion. 

Sec. 12. Commander-in-chief. — The Governor shall be com- 
mander-in-chief of the military and naval forces, and may call 
out such forces to execute the laws, or to suppress insurrection, or 
to repel invasion. 

Sec. 13. Messages. — He shall, from time to time, give to the 
General Assembly information touching the condition of the 
State, and recommend such measures as he shall judge to be 
expedient. 

Sec. 14. Bills signed or vetoed. — Every bill which shall have 
passed the General Assembly shall be presented to the Governor ; 
if he approve, he shall sign it, but if not, he shall return it, with 
his objections, to the House in which it shall have originated, 
which House shall enter the objections at large upon its journals, 
and proceed to reconsider the bill. If, after such reconsideration, 
a majority of all the members elected to that House shall agree to 
pass the bill, it shall be sent, with the Governor's objections, to 
the other House, by which it shall likewise be reconsidered, and 
if approved by a majority of all the members elected to that 
House, it shall be a law. If any bill shall not be returned by the 
Governor within three days, Sundays excepted, after it shall have 
been presented to him, it shall be a law without his signature, 
unless the general adjournment shall prevent its return, in which 



154 CONSTITUTION OF INDIANA. 

case it shall be a law, unless the Governor, within five days next 
after such adjournment, shall file such bill, with his objections 
thereto, in the office of the Secretary of State, who shall lay the 
same before the General Assembly at its next session in like man- 
ner as if it had been returned by the Governor. But no bill shall 
be presented to the Governor within two days next previous to 
the final adjournment of the General Assembly. 

Sec. 15. Information from officers.— The Governor shall 
transact all necessary business with the officers of Government, 
and may require any information in writing from the officers of 
the administrative department, upon any subject relating to the 
duties of their respective offices. 

Sec. 16. Execution of laws. — He shall take care that the laws 
be faithfully executed. 

Sec. 17. Pardons. — He shall have the power to grant reprieves, 
commutations and pardons, after conviction, for all offenses except 
treason and cases of impeachment, subject to such regulations as 
may be provided by law. Upon conviction for treason, he shall 
have power to suspend the execution of the sentence until the 
case shall be reported to the General Assembly at its next meet- 
ing, when the General Assembly shall either grant a pardon, 
commute the sentence, direct the execution of the sentence, or 
grant a further reprieve. He shall have power to remit fines and 
forfeitures, under such regulations as may be prescribed by law, 
and shall report to the General Assembly at its next meeting, 
each case of reprieve, commutation or pardon granted, and also the 
names of all persons in whose favor remission of fines and forfeit- 
ures shall have been made, and the several amounts remitted: 
Provided, however, That the General Assembly may, by law, con- 
stitute a council, to be composed of officers of State, without 
whose advice and consent the Governor shall not have power to 
grant pardons, in any case, except such as may, by law, be left to 
his sole power. 

Sec. 18. Appointment to vacancies. — When, during a recess 
of the General Assembly, a vacancy shall happen in any office, 
the appointment to which is vested in the General Assembly, or 
when, at any time, a vacancy shall have occurred in any other 
State office, or in the office of Judge of any court, the Governor 
shall fill such vacancy by appointment, which shall expire when 
a successor shall have been elected and qualified. 



CONSTITUTION OF INDIANA. 155 

Sec. 19. Vacancies in the Assembly. — He shall issue writs of 
election to fill such vacancies as may have occurred in the General 
Assembly. 

Sec. 20. Change of place of meeting.— Should the seat of 
Government become dangerous from disease or a common enemy, 
he may convene the General Assembly at any other place. 

Sec. 21. Duties and rights of Lieutenant Governor.— The 
Lieutenant Governor shall, by virtue of his office, be President 
of the Senate ; have a right, when in Committee of the Whole, 
to join in debate, and to vote on all subjects, and, whenever 
the Senate shall be equally divided, he shall give the casting 
vote. 

Sec. 22. Compensation of Governor.— The Governor shall, at 
stated times, receive for his services a compensation which shall 
neither be increased nor diminished during the term for which he 
shall have been elected. 

Sec. 23. Compensation of Lieutenant Governor.— The Lieu- 
tenant Governor, while he shall act as President of the Senate, 
shall receive for his services the same compensation as the Speaker 
of the House of Eepresentatives ; and any person acting as Gov- 
ernor shall receive the compensation attached to the office of 
Governor. 

Sec. 24. Ineligibility. — Neither the Governor nor Lieutenant 
Governor shall be eligible to any other office during the term for 
which he shall have been elected. 

ARTICLE VI. 

ADMINISTRATIVE. 

Section 1. Secretary, Auditor and Treasurer of State.— 

There shall be elected by the voters of the State, a Secretary, an 
Auditor, and a Treasurer of State, who shall severally hold their 
offices for two years. They shall perform such duties as may be 
enjoined by law ; and no person shall be eligible to either of said 
offices more than four years in any period of six years. 

Sec. 2. County officers : terms.— There shall be elected in 
each county, by the voters thereof, at the time of holding general 
elections, a Clerk of the Circuit Court, Auditor, Recorder, Treas- 
urer, Sheriff, Coroner, and Surveyor. The Clerk, Auditor and 
Recorder shall continue in office four years ; and no person shall 



156 CONSTITUTION OF INDIANA. 

be eligible to the office of Clerk, Recorder or Auditor more than 
eight years in any period of twelve years. The Treasurer, Sheriff, 
Coroner, and Surveyor, shall continue in office two years ; and no 
person shall be eligible to the office of Treasurer or Sheriff more 
than four years in any period of six years. 

Sec. 3. Other officers. — Such other county and township 
officers as may be necessary, shall be elected or appointed, in such 
manner as may be prescribed by law. 

Sec. 4. Qualifications. — No person shall be elected or ap- 
pointed as a county officer, who shall not be an elector of the 
county ; nor any one who shall not have been an inhabitant there- 
of during one year next preceding his appointment, if the county 
shall have been so long organized ; but if the county shall not 
have been so long organized, then within the limits of the county 
or counties out of which the same shall have been taken. 

Sec. 5. Residence of State officers. — The Governor, and the 
Secretary, Auditor and Treasurer of State, shall, severally, reside 
and keep the public records, books and papers, in any manner 
relating to the respective offices, at the seat of government. 

Sec. 6. Residence of other officers.— All county, township, 
and town officers shall reside within their respective counties, 
townships, and towns, and shall keep their respective offices at 
such places therein, and perform such duties as may be directed 
by law. 

Sec. 7. Impeachment of State officers.— All State officers 
shall, for crime, incapacity, or negligence, be liable to be removed 
from office, either by impeachment by the House of Representa- 
tives, to be tried by the Senate, or by a joint resolution of the 
General Assembly ; two-thirds of the members elected to each 
branch voting, in either case, therefor. 

Sec. 8. Impeachment of other officers.— All State, county, 
township, and town officers may be impeached, or removed from 
office, in such manner as may be prescribed by law. 

Sec. 9. Vacancies. — Vacancies in county, township, and town 
offices shall be filled in such manner as may be prescribed by 
law. 

Sec. 10. Powers of county boards. — The General Assembly 
may confer upon the Boards doing county business in the several 
counties, powers of a local administrative character. 



CONSTITUTION OF INDIANA. 157 

AETICLE VII. 

JUDICIAL. 

Section 1. Judicial power. — The Judicial power of the State 
shall be vested in a Supreme Court, in Circuit Courts, and in such 
other courts as the General Assembly may establish. [As amended 
March #4, 1881.] 

Sec. 2. Supreme Court. — The Supreme Court shall consist of 
not less than three, nor more than five Judges; a majority of 
whom shall form a quorum. They shall hold their offices for six 
years, if they so long behave well. 

Sec. 3. Judicial districts. — The State shall be divided into as 
many districts as there are Judges of the Supreme Court, and such 
districts shall be formed of contiguous territory, as nearly equal 
in population as, without dividing a county, the same can be made. 
One of said Judges shall be elected from each district, and reside 
therein; but said Judge shall be elected by the electors of the 
State at large. 

Sec. 4. Jurisdiction of Supreme Court.— The Supreme Court 
shall have jurisdiction, co-extensive with the limits of the State, 
in appeals and writs of error, under such regulations and restric- 
tions as may be prescribed by law. It shall also have such original 
jurisdiction as the General Assembly may confer. 

Sec. 5. Written decisions. — The Supreme Court shall, upon 
the decision of every case, give a statement in writing of each 
question arising in the record of such case, and the decision of the 
Court thereon. 

Sec. 6. Reports. — The General Assembly shall provide by law, 
for the speedy publication of the decisions of the Supreme Court, 
made under this Constitution, but no judge shall be allowed to 
report such decision. 

Sec. 7. Clerk. — There shall be elected by the voters of the 
State, a Clerk of the Supreme Court, who shall hold his office four 
years, and whose duties shall be prescribed by law. 

Sec. 8. Circuit Courts. — The Circuit Courts shall each consist 
of one judge, and shall have such civil and criminal jurisdiction 
as may be prescribed by law. 

Sec. 9. Circuit judges. — The State shall, from time to time, 
be divided into judicial circuits, and a judge for each circuit shall 
be elected by the voters thereof. He shall reside within the cir- 





158 CONSTITUTION OF INDIANA. 

cuit, and shall hold his office for the term of six years, if he so 
long behave well. 

Sec. 10. Special judges.— The General Assembly may provide, 
by law, that the judge of one circuit may hold the courts of another 
circuit, in cases of necessity or convenience ; and in case of tempo- 
rary inability of any judge, from sickness or other cause, to hold 
the courts in his circuit, provision may be made, by law, for hold- 
ing such courts. 

Sec. 11. Prosecuting attorneys.— There shall be elected, in 
each judicial circuit, by the voters thereof, a prosecuting attorney, 
who shall hold his office for two years. 

Sec. 12. Removal of judges and prosecutors.— Any judge or 
prosecuting attorney, who shall have been convicted of corruption 
or other high crime, may, on information in the name of the State, 
be removed from office by the Supreme Court, or in such other 
manner as may be prescribed by law. 

Sec. 13. Pay of judges.— The judges of the Supreme Court 
and Circuit Courts shall, at stated times, receive a compensation, 
which shall not be diminished during their continuance in office. 

Sec. 14. Justices of the peace.— A competent number of 
justices of the peace shall be elected by the voters in each town- 
ship in the several counties. They shall continue in office four 
years, and their powers and duties shall be prescribed by law. 

Sec. 15. Conservators of the peace. — All judicial officers 
shall be conservators of the peace in their respective jurisdictions. 

Sec. 16. Ineligibility. — No person elected to any judicial office 
shall, during the term for which he shall have been elected, be 
eligible to any office of trust or profit under the State, other than 
a judicial office. 

Sec. 17. Grand jury system. — The General Assembly may 
modify or abolish the Grand Jury system. 

Sec. 18. Criminal prosecutions. — All criminal prosecutions 
shall be carried on in the name, and by the authority of the State; 
and the style of all processes shall be, " The State of Indiana." 

Sec. 19. Courts of conciliation. — Tribunals of conciliation 
may be established, with such powers and duties as shall be pre- 
scribed by law ; or the powers and duties of the same may be 
conferred upon other courts of justice ; but such tribunals or 
other courts, when sitting as such, shall have no power to render 
judgment to be obligatory on the parties unless they voluntarily 



CONSTITUTION OF INDIANA. 159 

submit their matters of difference and agree to abide the judgment 
of such tribunal or court. 

Sec. 20. Revision of laws. — The General Assembly, at its 
first session after the adoption of this Constitution, shall provide 
for the appointment of three commissioners whose duty it shall 
be to revise, simplify and abridge the rules, practice, pleadings 
and forms of the courts of justice. And they shall provide for 
abolishing the distinct forms of action at law now in use ; and 
that justice shall be administered in a uniform mode of pleading, 
without distinction between law and equity. And the General 
Assembly may, also, make it the duty of said commissioners to 
reduce into a systematic code the general statute law of the State; 
and said commissioners shall report the result of their labors to 
the General Assembly, with such recommendations and sugges- 
tions, as to the abridgment and amendment, as to said commis- 
sioners may seem necessary or proper. Provision shall be made 
by law for filling vacancies, regulating the tenure of office and 
the compensation of said commissioners. 

Sec. 21. Lawyers.— Every person of good moral character, 
being a voter, shall be entitled to admission to practice law in all 
courts of justice. 

ARTICLE VIII. 

EDUCATION. 

Section 1. Education free. — Knowledge and learning gener- 
ally diffused throughout a community, being essential to the pres- 
ervation of a free government, it shall be the duty of the General 
Assembly to encourage, by all suitable means, moral, intellectual, 
scientific and agricultural improvement, and to provide by law 
for a general and uniform system of common schools, wherein 
tuition shall be without charge, and equally open to all. 

Sec. 2. Common school fund. — The common school fund shall 
consist of the congressional township fund, and the lands belong- 
ing thereto ; 

The surplus revenue fund ; 

The saline fund, and the lands belonging thereto ; 

The bank tax fund, and the fund arising from the one hundred 
and fourteenth section of the charter of the State Bank of 
Indiana ; 



160 CONSTITUTION OF INDIANA. 

The fund to be derived from the sale of county seminaries, and 
the moneys and property heretofore held for such seminaries ; 
from the fines assessed for breaches of the penal laws of the 
State ; and from all forfeitures which may accrue ; 

All lands and other estate which shall escheat to the State for 
want of heirs or kindred entitled to the inheritance ; 

All lands that have been or may hereafter be granted to the 
State, where no special purpose is expressed in the grant, and the 
proceeds of the sales thereof: including the proceeds of the sales 
of the Swamp Lands granted to the State of Indiana by the act 
of Congress, of the 28th of September, 1850, after deducting the 
expense of selecting and draining the same ; 

Taxes on the property of corporations that may be assessed by 
the General Assembly for Common School purposes. 

Sec. 3. Principal perpetual. — The principal of the Common 
School Fund shall remain a perpetual fund, which may be in- 
creased, but shall never be diminished ; and the income thereof 
shall be inviolably appropriated to the support of Common 
Schools, and to no other purpose whatever. 

Sec. 4. Investment and interest. — The General Assembly 
shall invest, in some safe and profitable manner, all such portions 
of the Common School Fund as have not heretofore been 
entrusted to the several counties ; and shall make provisions, by 
law, for the distribution, among the several counties, of the 
interest thereof. 

Sec. 5. Re-investment — If any county shall fail to demand 
its proportion of such interest for Common School purposes, the 
same shall be reinvested for the benefit of such county. 

Sec. 6. Counties liable. — The several counties shall be held 
liable for the preservation of so much of the said fund as may be 
entrusted to them, and for the payment of the annual interest 
thereon. 

Sec. 7. Trust fund inviolate. — All trust funds held by the 
State shall remain inviolate, and be faithfully and exclusively 
applied to the purposes for which the trust was created. 

Sec. 8. State Superintendent of Public Instruction.— The 
General Assembly shall provide for the election, by the voters of 
the State, of a State Superintendent of Public Instruction, who 
shall hold his office for two years, and whose duties and compen- 
sation shall be prescribed by law. 



CONSTITUTION OF INDIANA. 161 

ARTICLE IX. 

STATE INSTITUTIONS. 

Section 1. Benevolent institutions.— It shall be the duty of 
the General Assembly to provide by law for the support of Insti- 
tutions for the Education of the Deaf and Dumb, and of the 
Blind ; and, also, for the treatment of the Insane. 

Sec. 2. Juvenile offenders.— The General Assembly shall pro- 
vide Houses of Refuge for the correction and reformation of 
juvenile offenders. 

Sec. 3. County asylums.— The County Boards shall have 
power to provide farms as an asylum for those persons who, by 
reason of age, infirmity, or other misfortune, have claims upon 
the sympathies and aid of society. 

ARTICLE X. 

finance. 

Section 1. Assessment and taxation.— The General Assem- 
bly shall provide, by law, for a uniform and equal rate of assess- 
ment and taxation ; and shall prescribe such regulations as shall 
secure a just valuation for taxation of all property, both real and 
personal, excepting such only for municipal, educational, literary, 
scientific, religious or charitable purposes, as may be specially 
exempted by law. 

Sec. 2. Application of revenues. — All the revenues derived 
from the sale of any of the public works belonging to the State, 
and from the net annual income thereof, and any surplus that 
may, at any time, remain in the Treasury derived from taxation 
for general State purposes, after the payment of the ordinary 
expenses of the government, and of the interest on bonds of the 
State, other than bank bonds, shall be annually applied, under 
the direction of the General Assembly, to the payment of the 
principal of the public debt. 

Sec. 3. Appropriations. — No money shall be drawn from the 
Treasury but in pursuance of appropriations made by law. 

Sec. 4. Exhibit of receipts and expenditures.— An accurate 
statement of the receipts and expenditures of the public money 
shall be published with the laws of each regular session of the 
General Assembly. 
11— Ind 



162 CONSTITUTION OF INDIANA. 

Sec. 5. Contracting of debts. — No law shall authorize any 
debt to be contracted, on behalf of the State, except in the follow- 
ing cases: To meet casual deficits in the revenue; to pay the 
interest on the State debt; to repel invasion, suppress insurrection, 
or, if hostilities be threatened, provide for public defense. 

Sec. 6. County ownership of stock.— No county shall sub- 
scribe for stock in any incorporated company, unless the same be 
paid for at the time of such subscription ; nor shall any county 
loan its credit to any incorporated company, nor borrow money 
for the purpose of taking stock in any such company ; nor shall 
the General Assembly ever, on behalf of the State, assume the 
debts of any county, city, town or township, nor of any corpora- 
tion whatever. 

Sec. 7. Wabash and Erie Canal. — No law or resolution shall 
ever be passed by the General Assembly of the State of Indiana 
that shall recognize any liability of this State to pay or redeem 
any certificate of stock issued in pursuance of an act entitled 
" An act to provide for the funded debt of the State of Indiana, 
and for the completion of the Wabash and Erie Canal to Evans- 
ville," passed January 19, 1846, and an act supplemental to said 
act passed January 29, 1 847, which by the provisions of the said 
acts, or either of them, shall be payable exclusively from the pro- 
ceeds of the canal lands, and the tolls and revenues of the canal 
in said acts mentioned ; and no such certificates of stock shall 
ever be paid by this State. 

[Note.— Agreed to by a majority of the members elected to each of the two 
houses of the General Assembly, Regular Session of 1871, and referred to the 
General Assembly to be chosen at the next general election. Agreed to by a 
majority of the members elected to each house of the General Assembly, 
Special Session of 1872. Submitted to the electors of the State by an act ap- 
proved January 28, 1873. Ratified by a majority of the electors, at an election 
held on the 18th day of February, 1873. Declared a part of the Constitution by 
proclamation of Thomas A. Hendricks, Governor, dated March 7, 1873.] 

AKTICLE XT. 

CORPORATIONS. 

Section 1. Incorporation of banks. — The General Assembly 
shall not have power to establish, or incorporate any bank or 
banking company, or moneyed institution, for the purpose of 
issuing bills of credit, or bills payable to order or bearer, except 
under the conditions prescribed in this Constitution. 



CONSTITUTION OF INDIANA. 163 

Sec. 2. General banking law. — No bank shall be established 
otherwise than under a general banking law, except as provided in 
the fourth section of this article. 

Sec. 3. Control of circulating notes.— If the General Assem- 
bly shall enact a general banking law, such law shall provide for 
the registry and countersigning, by an officer of State, of all 
paper credit designed to be circulated as money ; and ample col- 
lateral security, readily convertible into specie, for the redemption 
of the same in gold or silver, shall be required ; which collateral 
security shall be under the control of the proper officer or officers 
of the State. 

Sec. 4. Bank with branches. — The General Assembly may 
also charter a bank with branches, without collateral security, 
as required in the preceding section. 

Sec. 5. Mutual responsibility. — If the General Assembly 
shall establish a bank with branches, the branches shall be 
mutually responsible for each other's liabilities, upon all paper 
credit issued as money. 

Sec. 6. Responsibility of stockholders.— The stockholders 
in every bank, or banking company, shall be individually respon- 
sible to an amount over and above their stock, equal to their 
respective shares of stock, for all debts or liabilities of said bank 
or banking company. 

Sec. 7. Specie payments. — All bills or notes issued as money, 
shall be, at all times, redeemable in gold or silver ; and no law 
shall be passed, sanctioning, directly or indirectly, the suspension, 
by any bank or banking company, of specie payments. 

Sec. 8. Preference to note-holders. — Holders of bank notes 
shall be entitled, in case of insolvency, to preference of payment 
over all other creditors. 

Sec. 9. Rate of interest. — No bank shall receive, directly or 
indirectly, a greater rate of interest than shall be allowed by law 
to individuals loaning money. 

Sec. 10. Time-limit. — Every bank, or banking company, shall 
be required to cease all banking operations within twenty years 
from the time of its organization, and promptly thereafter to close 
its business. 

Sec. 11. Safety of trust funds. — The General Assembly is 
not prohibited from investing the trust funds in a bank with 



164 CONSTITUTION OF INDIANA. 

branches ; but in case of such investment, the safety of the same 
shall be guaranteed by unquestionable security. 

Sec. 12. State not a stockholder.— The State shall not be 
a stockholder in any bank, after the expiration of the present 
bank charter ; nor shall the credit of the State ever be given, or 
loaned, in aid of any person, association, or corporation, nor shall 
the State hereafter become a stockholder in any corporation or 
association. 

Sec. 13. Corporations under general laws.— Corporations, 
other than banking, shall not be created by special act, but may 
be formed under general laws. 

Sec. 14. Individual liability.— Dues from corporations, other 
than banking, shall be secured by such individual liability of the 
corporators, or other means, as may be prescribed by law. 

AETICLE XII. 

MILITIA. 

Section 1 . Composition and organization.— The militia shall 
consist of all able-bodied white male persons between the ages 
of eighteen and forty-five years, except such as may be exempted 
by the laws of the United States, or of this State ; and shall be 
organized, officered, armed, equipped and trained in such manner 
as may be provided by law. 

Sec. 2. Aids. — The Governor shall appoint the Adjutant, 
Quartermaster and Commissary Generals. 

Sec. 3. Commissions. — All militia officers shall be commis- 
sioned by the Governor, and shall hold their offices hot longer 
than six years. 

Sec. 4. Division of militia. — The General Assembly shall 
determine the method of dividing the militia into divisions, 
brigades, regiments, battalions and companies, and fix. the rank 
of all staff officers. 

Sec. 5. Sedentary and active. — The militia may be divided 
into classes of sedentary and active militia in such manner as 
shall be prescribed by law. 

Sec. 6. Exemption. — No person conscientiously opposed to 
bearing arms shall be compelled to do militia duty; but such 
person shall pay an equivalent for exemption ; the amount to be 
prescribed by law. 



CONSTITUTION OF INDIANA. 165 

ARTICLE XIII. 

POLITICAL AND MUNICIPAL CORPORATIONS. 

Section 1. Limitation on debts. — No political or municipal 
corporation in this State shall ever become indebted, in any 
manner or for any purpose, to any amount, in the aggregate 
exceeding two per centum on the value of taxable property within 
such corporation, to be ascertained by the last assessment for 
State and county taxes, previous to the incurring of such indebt- 
edness, and all bonds or obligations, in excess of such amount, 
given by such corporations, shall be void : Provided, That in time 
of war, foreign invasion, or other great public calamity, on peti- 
tion of a majority of the property owners, in number and value, 
within the limits of such corporation, the public authorities, in 
their discretion, may incur obligations necessary for the public 
protection and defense, to such an amount as may be requested 
in such petition. 

[The original Article IS is stricken out and the amendment of March 2U, 1881, 
inserted in lieu thereof.] 

ARTICLE XIV. 

BOUNDARIES. 

Section 1. Boundaries.— In order that the boundaries of the 
State may be known and established, it is hereby ordained and 
declared, that the State of Indiana is bounded on the east by the 
meridian line which forms the western boundary of the State of 
Ohio ; on the south by the Ohio River, from the mouth of the 
Great Miami River to the mouth of the Wabash River ; on the 
west, by a line drawn along the middle of the Wabash River, 
from its mouth to a point where a due north line, drawn from 
the town of Vincennes, would last touch the northwestern shore 
of said Wabash River ; and thence by a due north line, until the 
same shall intersect an east and west line, drawn through a point 
ten miles north of the southern extreme of Lake Michigan ; on the 
north by said east and west line, until the same shall intersect the 
first-mentioned meridian line, which forms the western boundary 
of the State of Ohio. 

Sec. 2. Jurisdiction. — The State of Indiana shall possess 
jurisdiction, and sovereignty co-extensive with the boundaries 



166 CONSTITUTION OF INDIANA. 

declared in the preceding section ; and shall have concurrent 
jurisdiction, in civil and criminal cases, with the State of Kentucky 
on the Ohio Jliver, and with the State of Illinois on the Wabash 
River, so far as said rivers form the common boundary between 
this State and said States respectively. 

ARTICLE XV. 

MISCELLANEOUS. 

Section 1. Election of officers. — All officers whose appoint- 
ment is not otherwise provided for in this Constitution, shall be 
chosen in such manner as now is, or hereafter may be, prescribed 
by law. 

Sec. 2. Term of office.— When the duration of any office is 
not provided for by this Constitution, it may be declared by law ; 
and if not so declared, such office shall be held during the pleasure 
of the authority making the appointment. But the General 
Assembly shall not create any office, the tenure of which shall be 
longer than four years. 

Sec. 3. Holding over. — Whenever it is provided in this Con- 
stitution, or in any law which may be hereafter passed, that any 
officer, other than a member of the General Assembly, shall hold 
his office for any given term, the same shall be construed to mean 
that such officer shall hold his office for such term, and until his 
successor shall have been elected and qualified. 

Sec. 4. Oath. — Every person elected or appointed to any office 
under this Constitution shall, before entering on the duties thereof, 
take an oath or affirmation to support the Constitution of this 
State and of the United States, and also an oath of office. 

Sec. 5. State Seal. — There shall be a seal of the State, kept 
by the Governor for official purposes, which shall be called the 
Seal of the State of Indiana. 

Sec. 6. Commissions. — All commissions shall issue in the 
name of the State, shall be signed by the Governor, sealed by the 
State Seal, and attested by the Secretary of State. 

Sec. 7. Size of counties. — No county shall be reduced to an 
area less than four hundred square miles ; nor shall any county 
under that area be further reduced. 

Sec. 8. Lotteries forbidden. — No lottery shall be authorized, 
nor shall the sale of lottery tickets be allowed. 



CONSTITUTION OF INDIANA. 167 

Sec. 9. State grounds. — The following grounds owned by the 
State in Indianapolis, namely : the State House Square, the Gov- 
ernor's Circle, and so much of out-lot numbered one hundred and 
forty-seven as lies north of the arm of the Central Canal, shall 
not be sold or leased. 

Sec. 10. Tippecanoe Battle Ground.— It shall be the duty of 
the General Assembly to provide for the permanent enclosure and 
preservation of the Tippecanoe Battle Ground. 

AETICLE XVI. 

AMENDMENTS. 

Section 1. Method. — Any amendment or amendments to this 
Constitution may be proposed in either branch of the General 
Assembly ; and if the same shall be agreed to by a majority of 
the members elected to each of the two houses, such proposed 
amendment or amendments shall, with the yeas and nays thereon, 
be entered on their journals and referred to the General Assembly 
to be chosen at the next general election ; and, if in the General 
Assembly so next chosen, such proposed amendment or amend- 
ments shall be agreed to by a majority of all the members elected 
to each house, then it shall be the duty of the General Assembly 
to submit such amendment or amendments to the electors of the 
State, and if a majority of said electors shall ratify the same, 
such amendment or amendments shall become a part of this 
Constitution. 

Sec". 2. Separate votes. — If two or more amendments shall be 
submitted at the same time, they shall be submitted in such man- 
ner that the electors shall vote for or against each of such amend- 
ments separately ; and w T hile such an amendment or amendments 
which shall have been agreed upon by one General Assembly 
shall be awaiting the action of the succeeding General Assembly, 
or of the electors, no additional amendment or amendments shall 
be proposed. 

SCHEDULE. 

Taking effect of Constitution. — This Constitution, if adopted, 
shall take effect on the first day of November, in the year one 
thousand eight hundred and fifty-one, and shall supersede the 
Constitution adopted in the year one thousand eight hundred and 



168 CONSTITUTION OF INDIANA. 

sixteen. That no inconvenience may arise from the change in 
the government, it is hereby ordained as follows : 

Laws continued. — First. All laws now in force, and not incon- 
sistent with this Constitution, shall remain in force until they 
shall expire or be repealed. 

Judicial proceedings continued.— Second. All indictments, 
prosecutions, suits, pleas, plaints and other proceedings pending 
in any of the -Courts, shall be prosecuted to final judgment and 
execution ; and all appeals, writs of error, certiorari and injunc- 
tions shall be carried on in the several Courts, in the same manner 
as is now provided by law. 

Fines, etc., continued. — Third. All fines, penalties and for- 
feitures, due or accruing to the State, or to any county therein, 
shall inure to the State, or to such county in the manner pre- 
scribed by law. All bonds executed to the State, or to any officer, 
in his official capacity, shall remain in force, and inure to the use 
of those concerned. 

Corporations continued. — Fourth. All acts of incorporation for 
municipal purposes shall continue in force under this Constitution, 
until such time as the General Assembly shall, in its discretion, 
modify or repeal the same. 

Governor to continue. — Fifth. The Governor, at the expira- 
tion of the present official term, shall continue to act until his 
successor shall have been sworn into office. 

General Assembly. — Sixth. There shall be a session of the 
General Assembly, commencing on the first Monday of December, 
in the year one thousand eight hundred and fifty-one. 

Legislators to continue. — Seventh. Senators now in office and 
holding over, under the existing Constitution, and such as may be 
elected at the next general election, and the Representatives then 
elected, shall continue in office until the first general election 
under this Constitution. 

First election. — Eighth. The first general election under this 
Constitution shall be held in the year one thousand eight hundred 
and fifty-two. 

Election of State officers. — Ninth. The first election for Gov- 
ernor, Lieutenant Governor, Judges of the Supreme Court and 
Circuit Courts, Clerk of the Supreme Court, Prosecuting Attorney, 
Secretary, Auditor, and Treasurer of State, and State Superintendent 
of Public Instruction, under this Constitution, shall be held at 



CONSTITUTION OF INDIANA. 169 

the general election in the year one thousand eight hundred and 
fifty-two ; and such of said officers as may be in office when this 
Constitution shall go into effect, shall continue in their respective 
offices until their successors shall have been elected and qualified. 

Officers to continue. — Tenth. Every person elected by popular 
vote, and now in any office which is continued by this Constitu- 
tion, and every person who shall be so elected to any such office 
before the taking effect of this Constitution (except as in this 
Constitution otherwise provided), shall continue in office until the 
term for which such person has been, or may be, elected, shall 
expire : Provided, That no such person shall continue in office 
after the taking effect of this Constitution, for a longer period 
than the term of such office in this Constitution prescribed. 

Oath. — Eleventh. On the taking effect of this Constitution, all 
officers thereby continued in office shall, before proceeding in the 
further discharge of their duties, take an oath or affirmation to 
support this Constitution. 

Vacancies. — Twelfth. All vacancies that may occur in exist- 
ing offices prior to the first general election under this Constitu- 
tion, shall be filled in the manner now prescribed by law. 

Vote on Thirteenth Article. — Thirteenth. At the time of sub- 
mitting this Constitution to the electors for their approval or disap- 
proval, the article numbered thirteen, in relation to negroes and 
mulattoes, shall be submitted as a distinct proposition, in the follow- 
ing form : " Exclusion and Colonization of Negroes and Mulattoes," 
" Aye," or " No." And if a majority of the votes cast shall be in 
favor of said article, then the same shall form a part of this Con- 
stitution, otherwise it shall be void and form no part thereof. 

General submission. — Fourteenth. No article or section of this 
Constitution shall be submitted as a distinct proposition to a vote 
of the electors otherwise than as herein provided. 

Perry and Spencer counties. — Fifteenth, Whenever a portion 
of the citizens of the counties of Perry and Spencer shall deem 
it expedient to form, of the contiguous territory of said counties, 
a new county, it shall be the duty of those interested in the organ- 
ization of such new county, to lay off the same by proper metes 
and bounds of equal portions as nearly as practicable, not to 
exceed one-third of the territory of each of said counties. The 
proposal to create such new county shall be submitted to the 
voters of said counties, at a general election, in such manner as 

P 



170 • CONSTITUTION OF INDIANA. 

shall be prescribed by law. And if a majority of all the votes 
given at said election shall be in favor of the organization of said 
new county, it shall be the duty of the General Assembly to 
organize the same out of the territory thus designated. 

Clarksville. — Sixteenth. The General Assembly may alter or 
amend the charter of Clarksville, and make such regulations as 
may be necessary for carrying into effect the objects contemplated 
in granting the same, and the funds belonging to said town shall 
be applied according to the intention of the grantor. 

Done in Convention, at Indianapolis, the tenth day of Febru- 
ary, in the year of our Lord, one thousand eight hundred and 
fifty-one; and of the independence of the United States, the 
seventy-fifth. 

GEORGE WHITFIELD CARR, 
President and Delegate from the County of Lawrence. 
Attest: Wm. H. English, 

Principal Secretary. 

Geo. L. Sites, 
Herman G. Barkwell, 
Robert M. Evans, 

Assistant Secretaries. 



ADDENDA. 
«k>;*ko« 



The original sections stricken out or amended read as follows : 

ARTICLE II. 

SUFFRAGE and election. 

Section 2. In all elections, not otherwise provided for by this 
Constitution, every white male citizen of the United States, of the 
age of twenty-one years and upwards, who shall have resided in 
the State during the six months immediately preceding such 
election ; and every white male, of foreign birth of the age of 
twenty-one years and upwards, who shall have resided in the 
United States one year, and shall have resided in this State during 
the six months immediately preceding such election, and shall 
have 1 declared his intention to become a citizen of the United 
States, conformably to the laws of the United States on the subject 



CONSTITUTION OF INDIANA. 171 

of naturalisation, shall be entitled to rote in the township or pre- 
cinct where he may reside. 
Sec. 5. No negro or mulatto shall have the right of suffrage. 

BEG. II. All general elections shall he held on the second 

Tuesday in October, 

ARTICLE IV. 

LEGISLATIVE, 

Section 4. The General Assembly shall, at its second session 
after the adoption of this Constitution, and every six years there- 
after, cause an enumeration to he made of :ill the white male 
Inhabitants over the age of twenty-one years. 

Sec, < r >. The number of Senators and Representatives shall, at 
the session next following each period of making such enumera- 
tion, he fixed hy law, and apportioned among the several counties, 

according to the number of white male inhabitants, above twenty- 
one years of age, in each : Provided^ That the fust and second 
elections of members of the General Assembly, under this Consti- 
tution, shall he according to the apportionment last made hy the 
General Assembly, before the adoption of this Constitution, 
SEC 22, Jn relation to fees or salaries: 

ARTICLE VI r. 

JUDICIAL, 
SECTION 1. The Judicial power of the State shall be vested in 

a Supreme Court, in Circuit Courts, and in such inferior courts as 
the Genera] Assembly may establish. 

ARTICLE XHT. 

NEOROEH AND MULATTOES, 

Section i. No negro or mulatto shall come into, or settle in, 
the State, alter tin; adoption of this Constitution, 

SEC. 2. All contracts made with any negro or mulatto coming 
into the State, contrary to the provisions of the foregoing section, 
shall be void ; and any person who shall employ such negro or 
mulatto, or otherwise encourage him to remain in the State, shall 
be lined in any sum not less than ten dollars, nor more than live 
hundred dollars. 



172 CONSTITUTION OF INDIANA. 

Sec. 3. All fines which may be collected for a violation of the 
provisions of this article, or of any law which may hereafter be 
passed for the purpose of carrying the same into execution, shall 
be set apart and appropriated for the colonization of such negroes 
and mulattoes, and their descendants, as may be in the State at 
the adoption of this Constitution, and maybe willing to emigrate. 

Sec. 4. The General Assembly shall pass laws to carry out the 
provisions of this article. 

[Note.— All of the amendments to the Constitution (except the seventh 
section of Article X.) were agreed to by the General Assemblies at the sessions 
of 1877 and 1879. Gov. Albert G. Porter on February 21, 1881, in accordance 
with an act passed that same day, issued a proclamation submitting the pro- 
posed amendments to the people at a special election to be held March 14, 
1881. On that day they were ratified by a majority of the electors, and on 
March 24, 1881, Governor Porter in proclamation declared them a part of the 
Constitution.] 



APPENDIX. 

THE OFFICIAL LIST OF THE GOVERNORS OF INDIANA, 
WITH TIME OF SERVICE. 

W^OO 

TERRITORIAL GOVERNORS. 

Northwest Territory. 

From To 

Arthur St. Clair 1787 1800 

Indiana Territory. 

John Gibson (acting) 1800 Jan. 10, 1801 

William H. Harrison 1801 1812 x 

Thomas Posey 1812 1816 

GOVERNORS OF THE STATE. 

Jonathan Jennings 1816 1822 2 

Ratliffe Boone (acting) Sept. 12 Dec. 5, 1822 

William Hendricks 1822 1825 

James B. Ray (acting) Feb. 12 Dec. 11, 1825 3 

James B. Ray 1825 1831 

Noah Noble 1831 1837 

David Wallace 1837 1840 

Samuel Bigger 1840 1843 

James Whitcomb 1843 1848 

1 Governor Harrison was appointed early in the year 1800, but was not sworn 
into office until January 10, 1801. John Gibson, the secretary of the Territory, 
acted as Governor until his arrival. 

- Jonathan Jennings, having been elected to Congress, resigned the office of 
Governor September 12, 1822, and was succeeded by Ratliffe Boone, who served 
until December 5, 1822. 

3 Governor Hendricks, having been elected a senator of the United States, 
resigned his office, and was succeeded by James B. Ray, the Lieutenant-Gov- 
ernor. 

173 



174 APPENDIX. 

Paris C. Dunning (acting) 1848 1849 1 

Joseph A. Wright 1849 1857 

Ashbel P. Willard 1857 1860 

Abram A. Hammond (acting) 1860 1861 2 

Henry S. Lane Jan. 14 Jan. 16, 1861 3 

Oliver P. Morton (acting) 1861 1865 

Oliver P. Morton 1865 1867 

Conrad Baker (acting) 1867 1869* 

Conrad Baker 1869 1873 

Thomas A. Hendricks 1873 1877 

James D. Williams 1877 1880 

Isaac P. Gray (acting) 1880 1881 5 

Albert G. Porter 1881 1885 

Isaac P. Gray 1885 1889 

AlvinP. Hovey 1889 1891 6 

Ira J. Chase (acting) 1891 1893 

Claude Matthews 1893 1897 

James A. Mount 1897 1901 

Winfield T. Durbin 1901 1905 

J. Frank Hanly . 1905 

THE CONGRESSIONAL SURVEY. 

According to the system adopted in 1785, the surveyors first establish 
a meridian line starting from some conspicuous object, as a principal 
meridian. A parallel at right angles to this is selected as a base line. 
East and west of the principal meridian, at every sixth mile, are run 
additional meridians, called range lines; north and south of the base- 
line, at every sixth mile, are drawn additional parallels called township 
lines. This divides the land into squares of 36 miles each, called town- 
ships. The townships are numbered north and south of the base line, 
and the ranges east and west of the principal meridian. 

1 Governor Whitcomb was elected a senator of the United States December 
27, 1848, and Paris C. Dunning, Lieutenant-Governor, served as Governor during 
the remainder of the term. 

2 Governor. Willard died on October 3, 1860, and Abram A. Hammond, the 
Lieutenant-Governor, served as Governor during the remainder of the term. 

3 Governor Lane was elected a senator of the United States January 16, 1861, 
and Oliver P. Morton, the Lieutenant-Governor, served as Governor the remain- 
der of the term. 

4 Governor Oliver P. Morton was elected a senator of the United States Jan- 
uary 23, 1867, and Conrad Baker, the Lieutenant-Governor, served as Governor 
during the remainder of the term. 

5 Governor Williams died November 20, 1880, and Isaac P. Gray, Lieutenant- 
Governor, served as Governor the remainder of the term. 

6 Governor Hovey died November 23, 1891, and Lieutenant-Governor Ira J. 
Chase served as Governor the remainder of the term. 



APPENDIX, 
p 



175 



v. IV 



in. 



ii. 



1 i. 



II. III. IV. V 



Diagram I.— Illustrating the division of land into townships. P .^princi- 
pal meridian ; B L=base line. The figures mark the townships ; the Eoman 
letters, the ranges. B is in township 2 south, and range 4 east. 

Each township is divided by lines parallel to both the base line and 
the principal meridian into 36 sections, each containing one square 
mile or 640 acres. These sections are numbered beginning at the 
northeast corner. 

Distinguishing marks are located at the corners of the sections and 
at the half-mile points between them, and are recorded in the surveyors' 
books. From these starting-points, the sections are subdivided into 
halves, quarters, eighths, and sixteenths by the local surveyors. With 
such a system, the location and description of land is a comparatively 
easy thing. 

The first principal meridian is a line running due north from the 
mouth of the Miami River, and forms the eastern boundary line of the 
State. The second principal meridian runs from the mouth of Little 
Blue River. The only base line which runs through the State is the 
parallel of 38° 30' north latitude. In Indiana the townships are num- 
bered north and south from this line and the ranges east and west from 



176 



APPENDIX. 



the second principal meridian, with the following exceptions : the lands 
in "Clark's Grant," the French Lands in Knox County, and the lands 
lying east of the "Greenville Line" (see \ 22 and foot-note 1). The 
last mentioned were surveyed west from the first principal meridian 
and north from a base line 15 miles north of the parallel of 38° 30'. 



6 


5 


4 


3 


2 


1 

i 

2 




7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



Diagram II.— Illustrating the division of a township (marked A in Dia- 
gram I). The part q would be described as the northeast quarter {%) of the 
southeast quarter (%) of section 1, township 5 north, range 3 west. 

STATISTICAL INFORMATION OF INDIANA. 

Total population (1900) l 2,516,462 

Number of inhabitants to the square mile 1 70.1 

Native-born population l 2,374,341 

Illiterate population (10 years of age and over) l ... 90,539 

Per cent, of population illiterate 4.6 

Population 1905 (estimated) 2,700,000 

Gross square miles in the State 2 36,3 

Square miles in water 2 440 

Extreme length north and south in miles 2 276 

Average width east and west in miles 2 140 

Value of lands and improvements 1 $841,735,340 

Value of implements and machinery 1 27,330,370 

Value of live stock l 109,550,761 

Total value of farm products 1 2^4,450,196 

1 See United States census of 1900. 

2 See Report of the Bureau of Statistics of Indiana for 1896. 



I 



APPENDIX. 



177 



Amount of capital invested in manufactures l 

Amount of wages paid annually ] 

Value of manufactured product l 

State expenditures, net (1903) 2 

County expenditures (1901) 3 . 

State indebtedness (1903) 2 . . 

County indebtedness (1901) 3 . 

Total school fund (June, 1903) 

Total value of school property (1903) 



$234,481,528 

66,847,317 

378,120,140 

5,913,875 

7,194,956 4 

2,437,615 

7,168,309 5 

10,498,638 

24,840,870 



SOME AUTHORITIES USED IN THE PREPARATION 
OF THIS WORK. 

Indiana. By J.P.Dunn. Houghton, Mifflin & Co., Boston, Mass., 1888. 

A History of Indiana. By John B. Dillon. Bingham & Doughty, 
Indianapolis, Ind., 1859. 

Biographical and Historical Sketches of Early Indiana. By W. W. 
Woollen. Hammond & Co., Indianapolis, Ind., 1883. 

The Old Northwest. By B. A. Hinsdale, Ph.D. Townsend MacCoun, 
New York, 1888. 

A Popular History of Indiana. By Mrs. T. A. Hendricks. " Sen- 
tinel" Co., Indianapolis, Ind. 

The Indiana Gazetteer. Published by E. Chamberlain, Indianapolis, 
Ind., 1850. 

A History of Education in Indiana. By Richard G. Boone, A. M., 
Ph.D. D. Appleton & Co., New York, 1892. 

The Forty-second Report of the State Superintendent of Public Instruction. 
By D. M. Geeting. The State, Indianapolis, Ind., 1896. 

Revised Statutes, 1896. Compiled by Frank A. Horner. E. B. 
Myers & Co., Chicago, 1896. 

1 See United States census of 1900. 

2 See Report of Auditor of State, 1903. 

3 See Report of the Bureau of Statistics of Indiana for 1902. 

* This does not include expenditures made by the civil and the school mu- 
nicipal corporations, which in 1890 exceeded $9,500,000. 

& This does not include the indebtedness of municipalities and school dis- 
tricts, which in 1890 aggregated $9,498,333. 



12— Ind 




[The references are to paragraphs, except when the page is indicated.] 



Administkative officers, 60 77. 
Agriculture, State board of, 77 (4). 
Anatomical board, State, 77 (11). 
Appellate court, 83. 
Assessor, county, 104 ; township, 120. 
Attorney-general, 64. 
Auditor, county, 99. 
Auditor of State, 62. 

Ballot, 144. 

Bank, State, 26, 32, 153, F. N. 5. 

Bill of rights, 39. 

Blind Institute, 77 (22), 152. 

Board of review, 77 (1), 115. 

Boards, State, 77. 

Canals, 32. 
Canvass, 149. 
Capital, 22, 26, 31. 
Cases, trial of, pp. 97-101. 
Centralization of government, 68. 
Charities, State board, 77 (16). 
Children's guardians, 112. 
Circuit courts, 84, 85, pp. 98-101. 
Citizenship, 40. 
City council, 133. 
City departments, 137. 
City government, 125, 130-140. 
City officers, 132-140. 
Claimants to Mississippi Valley, 10. 
Claimants to Western lands, 18. 
Clark, George Eogers, 15. 
Clerk of circuit court, 98. 
Commissioner of fisheries. 71. 
Commissioners, county, 96. 
178 



Common schools, 36, 77 (6), 106, 
119 (5), 122, 128, 140, 152-160. 

Compulsory education, 157. 

Congressional survey, 19, p. 174. 

Constable, 124. 

Constitution, 4, 27, 28, 33, 38, 39, 41. 
42. 

Constitutional convention, 27, 33. 

Contested elections, 150. 

Conventions, 142. 

Coroner, 103. 

Corydon, 26, 31. 

County, 93. 

County assessor, 104; auditor, 99; 
board of charities, 111 ; board of 
review, 115; clerk, 98; commis- 
sioners. 96 ; coroner, 103; council, 
97; physician, 114; recorder, 101; 
-seat, 94; sheriff, 102; superin- 
tendent of schools, 106 ; surveyor, 
105; treasurer, 100. 

Court of claims, 87. 

Courts, 80-91; minor, 90; officers 
of, 91. 

Criminal courts, 84. 

Deaf and Dumb Institute, 77, 

(22), 152. 
Denominational institutions, 160. 
Dental examiners, 77 (10). 
Department of inspection, 69. 
Departments of government, 42. 

Education. See Schools. 
Education, State board of, 77 (6). 



INDEX. 



179 



Election commissioners, State board 

of, 77 (29). 
Election officers, 147. 
Elections, 119 (3), 144-149. 
Electors, 41. 

Embalmers, State board of, 77 (13). 
English, 9, 10, 12, 13, 14. 
Executive department, 57-79. 
Explorations, 7. 

Fisheries, commissioner of, 71. 
Forestry, 77 (5). 
French in America, 7-10. 
French and Indian War, 11. 

General Assembly, 24, 28, 30, 46, 

48, 51, 54. 
Gibson, John, 23. 
Government, 5. 
Governor, 28, 30, 34, 54, 58. 

Harrison, Wm. Henry, 22, 23, 25, 

26. 
Health, State board of, 77 (8). 
House of Representatives, 45, 52, 

53, 54. 

Illinois, 16, 24. 

Indiana, 30, 34, 35, 36, 37. 

Indiana Territory, 22-30. 

Indiana University, 36, 77 (26), 159. 

Indians, 40 (foot-note). 

Insane Hospitals, 77 (22). 

Inspection, 69. 

Internal improvements, 32. 

Jennings, Jonathan, 30. 
Judicial department, 80-91, 123, 

138, pp. 97-101. 
Jury, 101, pp. 98-99. 
Jury commissioners, 107. 
Justices of the peace, 123, 124, p. 

98. 
Juvenile court, 89. 

Labor commission, 77 (3). 



Land, 2. 

Land grants, 32, 36. 

Land policy of England, 14. 

Law-making, 54-56. 

Laws, 4, 54-56. 

Legislature. See General Assembly. 

Library commission, 77 (7). 

Lieutenant-governor, 51, 53, 59. 

Local government, 6, 92. 

Louisiana Territory, 8. 

Master commissioners, 109. 
Mayor, 132, 134, 135, 137, 138. 
Medical registration State board, 

77 (9). 
Metropolitan police commissioners, 

137 (4). 
Michigan Territory, 24. 
Militia, 78. 

Mines, inspector of, 66. 
Morton, Oliver Perry, 34. 
Municipal corporations, 125, 126. 
Municipal government, 125-140. 

Natural gas inspector, 66. 
Nominations, 142, 143. 
Normals, independent, 1G0. 
Northwest Territory, 15, 18, 20, 21, 

22. 
Notaries public, 73. 
Nurses, 77 (12). 

Oil inspection, fupervisor of, 

75. 
Ordinance of, 1787, 20, 29. 

Pardons, State board of, 77 (17). 

People, 3. 

Pharmacy State board, 77 (14). 

Police commissioners, 137 (4). 

Political parties, 141-151. 

Pontiac, 12. 

Poor, the, 113, 114, 119 (4). 

Posey, Thomas, 26. 

Preamble, 38, 



180 



INDEX. 



Primaries, 142. 

Probate commissioner, 108. 

Prosecuting-attorney, 85, pp. 97- 

100. 
Public education. See Schools. 
Purdue University, 77 (27), 159. 

Quebec Act, 14. 

Eailroad commission, 77 (2). 
Eecorder, county, 101. 
Eeform schools, 77 (20, 21), 152. 
Eeporter, short- hand, 110. 
Eevenue, 56, 154. 
Eoads, 119 (2), 121. 

St. Clair, Arthur, 21. 

School director, 122. 

School fund, 153. 

School revenues, 154. 

School teachers, 158. 

Schools, 36, 77 (6), 106, 119 (5), 122, 

140, 152-160. 
Secretary of State, 61. 
Senate, 44, 52-54. 
Sheriff, county, 102. 
Slavery in Indiana, 23, 29. 
Soldiers' Home, 77 (25). 
Soldiers' Orphans' Home, 77 (24), 

152. 
State, the, 1. 

State Bank of Indiana, 26, 32. 
State boards, 77. 

State charities, board of, 77 (16). 
State chemist, 74. 
State enterprises, 32. 
State entomologist, 73. 
State geologist, 66. 
State government, 6, 38-91. 
State librarian, 70. 
State Normal school, 36, 77 (28), 158. 
State officers, 58-76. 
State prison, 77 (18), 152. 



State reformatories, 77 (19), 152. 

State universities, 36,77 (26, 27), 159. 

State veterinarian, 76. 

Statistics, bureau of, 67. 

Statutes, 4. 

Superintendent, county, of schools, 
106, 155. 

Superintendent of county asylum, 
111, 113. 

Superintendent of public buildings, 
72. 

Superintendent of public instruc- 
tion, 65. 

Superior courts, 86. 

Supervisor of roads, 121. 

Supreme court, 81, 82. 

Surveyor, county, 105. 

Tax commissioners, State board 

of, 77 (1). 
Taxation, 56, 96, 97, 118, 119 (1), 

128, 133, 154. 
Tippecanoe, battle of, 25. 
Town, the, 127-129. 
Town officers, 128, 129. 
Town trustees, 128. 
Township, 116-124. 
Township advisory board, 118. 
Township assessor, 120. 
Township officers, 117-124. 
Township, origin of, 116. 
Township trustee, 118, 119. 
Treasurer, county, 100. 
Treasurer of State, 63. 
Trial of cases in the courts, pp. 97- 

101. 

Veterinary medicine, 76, 77 (15). 

Vincennes, 8, 12, 15, 21, 22, 26. 

Vincennes University, 26, 36. 

Virginia, 15, 18. 

Voting, 148. 

Voting machine commission, 77 (3( 



APR 12 tU>6 



